Method and system for impaired driving detection, monitoring and accident prevention with driving habits

ABSTRACT

A method and system for impaired driving detection, monitoring and accident prevention with driving habits. An impairment test method is provided with an impairment test determining in real-time whether a driver of vehicle is impaired (e.g., has used drugs, alcohol, is distracted, talking, texting, eating, etc. or is drowsy, etc.). The impairment test determines plural assigned probability impairment values over a pre-determined time interval to compare a frequency of received plural event signals from a passenger compartment of the vehicle for one or more of the plural driver performance actions completed by a driver of a vehicle to those previously stored in a unique driver profile for the driver to determine with a statistical probability whether the driver operating the vehicle may be impaired based on the unique behavior patterns for the driver of the vehicle stored in the unique driver profile. The unique driver profile includes unique behavior patterns of the driver comprising “habit evidence” to determine if a driver may be impaired.

CROSS REFERENCES TO RELATED APPLICATIONS

This application is a CONTINUATION-IN-PART (CIP) of U.S. patent application Ser. No. 16/120,392, filed Sep. 3, 2018, which issued as U.S. Pat. No. 10______, on ______, 2019, which is a CONTINUATION of U.S. patent application Ser. No. 15/989,702 filed on May 25, 2018, that issued as U.S. Pat. No. 10,065,653, on Sep. 4, 2018, which was filed as a result of a requirement for restriction and was an application that was a DIVISIONAL of U.S. patent application Ser. No. 15/236,030, filed Aug. 12, 2016, that issued as U.S. Pat. No. 9,988,058, on Jun. 5, 2018, which is a DIVISIONAL of U.S. patent application Ser. No. 14/492,615, filed Sep. 22, 2014, that issued as U.S. Pat. No. 9,418,491, on Aug. 16, 2016, the contents of all of which are incorporated by reference.

FIELD OF INVENTION

This application relates to driving habits. More specifically, it relates to a method and system for impaired driving detection, monitoring and accident prevention with driving habits.

BACKGROUND OF THE INVENTION

“On-board diagnostics (OBD)” is a term referring to a vehicle's self-diagnostic and reporting capability. OBD systems give the vehicle owner or repair technician access to the status of the various vehicle sub-systems. The amount of diagnostic information available via OBD has varied widely since its introduction in the early 1980s' versions of on-board vehicle computers. Early versions of OBD would simply illuminate a malfunction indicator light if a problem was detected but would not provide any information as to the nature of the problem. Modern OBD implementations use a standardized digital communications port to provide real-time data in addition to a standardized series of diagnostic trouble codes (DTCs), which allow one to rapidly identify and remedy malfunctions within the vehicle.

OBD-1 was developed to encourage auto manufacturers to design reliable emission control systems that remain effective for the vehicle's “useful life”. OBD 1.5 provided additional vehicle-specific diagnostic and control circuits via the connector. For example, there are OBD-1 interfaces for a Class 2 serial data stream from a Power Train Control Module (PCM), a Central Control Module (CCM) diagnostic terminal, a radio data stream, an airbag system, a selective ride control system, a low tire pressure warning system, and the passive keyless entry system, etc.

OBD-2 is an improvement over OBD-I in both capability and standardization. All cars manufactured after 1996 are required to have an OBD-2 port. The OBD-2 standard specifies the type of diagnostic connector and its pin locations, the electrical signaling protocols available, and the messaging format. It also provides a candidate list of vehicle parameters to monitor along with how to encode the data for each. There is a pin in the connector that provides power for the scan tool from the vehicle battery, which eliminates the need to connect a scan tool to a power source separately. However, some technicians might still connect the scan tool to an auxiliary power source to protect data in the unusual event that a vehicle experiences a loss of electrical power due to a malfunction. Finally, the OBD-2 standard provides an extensible list of DTCs. As a result of this standardization, a single device can query the on-board computer(s) in any vehicle.

This OBD-2 came in two models OBD-2A and OBD-2B. OBD-2 standardization was prompted by emissions requirements, and though only emission-related codes and data are required to be transmitted through it, most manufacturers have made the OBD-2 Data Link Connector (DLC) the only one in the vehicle through which all systems are diagnosed and programmed. OBD-2 Diagnostic Trouble Codes are 4-digit, preceded by a letter: P for engine and transmission (i.e., powertrain, etc.), B for body, C for chassis, U for network, etc.

OBD-2 ports and devices have also been used for safety purposes. Such devices are used to monitor driving habits, prevent phone use or texting during driving while impaired, etc.

OBD-2 devices are used for Usage-based insurance, also known as pay as you drive (PAYD) and pay how you drive (PHYD) and whereby the costs of motor insurance are dependent upon type of vehicle used, measured against time, distance, behavior and place.

A “habit” is an acquired behavior pattern regularly followed until it has becomes involuntary. Many drivers start driving at a very early age (e.g., 16, etc.) and develop regularly followed driving habits that are practiced each and every time they drive a vehicle. Such driving habits can be recorded within a vehicle from an OBD-2 device.

For example, using a small device that connects to a OBD-2 port, ESURANCE DRIVESENSE™ allows policyholders to track a variety of driving habits, from how much time they spend behind the wheel, to unsafe driving habits like speeding and sudden braking. Depending on how safely they drive, DRIVESENSE could save them money on their car insurance.

ESURANCE's teen program, ESURANCE DRIVESAFE® combines OBD-2 technology with a smartphone application to help limit phone use while driving. With the data gathered from a teen's car, parents get essential information about their driving in order to better coach them on specific habits.

The telecom provider SPRINT also offers an OBD-2 device that prevents a driver from texting and/or talking during driving. Other company's offer similar devices to track texting and/or talking behaviors.

OBD-2 are also used for vehicle tracking with Global Positioning System (GPS) and other (e.g., cellular telephone, wireless data, etc.) technologies. Such a GPS tracker that installs in the OBD-2 port of a vehicle and communicates the vehicle's location in real-time.

OBD-2 devices are also used to prevent drunk driving. For example, a Driver Alcohol Detection System for Safety (DADSS) includes “ignition interlock” systems. Such ignition systems require motorists with previous drunken-driving convictions to breathe into a blood-alcohol sensor to unlock the ignition to start the vehicle.

Other OBD-2 devices are used to assist parents of new drivers. An OBD-2 device either attach to a vehicles windscreen/windshield, like an add-on navigation system, or plug into the vehicle's OBD-2 port by the steering column under the dashboard. Using dedicated websites or smart phone applications, a maximum speed a car may be driven, geographical zones to be avoided (“geofencing”) and any destinations that are specifically forbidden can be set. If the car is driven too fast, starts behaving erratically or breaks any of a set pre-defined rules, a driver gets a warning, and a text message or e-mail is sent to the new driver's parents.

OBD devices and a driver's driving habits have been used to try and determine if a driver is impaired. See for example, U.S. Pat. Nos. 9,418,491, 9,988,058, 10,065,653, and 10/______ that issued to Brian K. Phillips.

Impaired driving including alcohol and drug impairment, distracted driving and drowsy driving has become a leading cause of highway related deaths in the United Stated and worldwide. The advent of liberal drug consumption laws, increased use of prescription drugs that effect response times and increased technology use in vehicles has led to the first significant increases in highway fatalities in the last 26 years. Drug and alcohol impaired driving alone account for over 9,000 deaths annually in the U.S. The addition of distracted and drowsy driving and widespread use of prescription drugs including opiates increase that number by an estimated additional 40%.

Distracted driving is primarily driven by technology use in vehicles but may come from hundreds of sources. Drowsy or fatigued driving is an ongoing issue in all categories of drivers and is a key contributor to fatalities in the commercial trucking industry. Current solutions have focused on drug and alcohol detection and measurement such as the automotive interlock, Department of Transportation (DOT) required drug testing, officer observation, and roadside alcohol and drug testing. This approach has provided the current fatality rates, while reduced from the peak rates in the 1980's are still unacceptable. Recent surges in fatalities in States like Colorado where drug laws have been relaxed is bringing a new and currently unquantifiable risk to Americas highways and a more urgent need to address the foundational risk; impaired driving performance.

The National Highway Traffic Safety Administration has recently created an office of Driver Impairment in recognition of this overall threat to public safety. A number of studies have identified driving performance characteristics that strongly indicate driver impairment. Traffic enforcement officers are trained to look for key driver actions that strongly indicate impairment.

The National Highway Traffic Safety Administration and Federal surveys indicate that up to 24.5% of drivers may be impaired on marijuana, opiates, prescription or psychotropic drugs on an average Saturday evening in the U.S. The variety of drug and the complexity of detection and measurement has resulted in a “safety crisis” on American highways. Economical roadside drug detection and measurement equipment for chemical analysis similar to a hand held LIFELOC Technologies DOT listed alcohol breath testing device simply does not exist. Further if such equipment did exist there are few studies indicate what drugs cause dangerous driver impairment and what level should be the legal limit. Traffic enforcement and the Courts have simply entered into a new era with few or no tools to assist in their public safety efforts.

Thus, it is desirable to solve some of the problems associated with distracted drivers by examining the habits of distracted drivers and comparing them to non-distracted drivers.

SUMMARY OF THE INVENTION

In accordance with preferred embodiments of the present invention, some of the problems associated with determining if a driver is impaired are overcome. A method and system for impaired driving detection, monitoring and accident prevention with driving habits is presented.

An impairment test method is provided with an impairment test determining in real-time whether a driver of vehicle is impaired (e.g., has used drugs, alcohol, is distracted, talking, texting, eating, or is drowsy, etc.). The impairment test determines plural assigned probability impairment values over a pre-determined time interval to compare a frequency of received plural event signals from a passenger compartment of the vehicle for one or more of the plural driver performance actions completed by a driver of a vehicle to those previously stored in a unique driver profile for the driver to determine with a statistical probability whether the driver operating the vehicle may be impaired based on the unique behavior patterns for the driver of the vehicle stored in the unique driver profile. The unique driver profile includes unique behavior patterns of the driver comprising “habit evidence” to determine if a driver may be impaired.

The foregoing and other features and advantages of preferred embodiments of the present invention will be more readily apparent from the following detailed description. The detailed description proceeds with references to the accompanying drawings.

BRIEF DESCRIPTION OF THE DRAWINGS

Preferred embodiments of the present invention are described with reference to the following drawings, wherein:

FIG. 1 is a block diagram illustrating a portable on-board diagnostic (OBD) apparatus;

FIG. 2 is a block diagram 46 illustrating a front view of the portable OBD apparatus of FIG. 1;

FIG. 3 is a block diagram illustrating a perspective view of the portable OBD apparatus of FIG. 1;

FIG. 4 is a block diagram illustrating transmitting the unique driver profile in real-time;

FIG. 5 is a block diagram illustrating wearable network devices;

FIG. 6 is a flow diagram illustrating a method for a method for creating a unique driver profile for a vehicle;

FIG. 7 is a flow diagram illustrating a method for creating a unique driver profile for a vehicle;

FIG. 8 is a flow diagram illustrating a method for creating a unique driver profile for a vehicle;

FIG. 9 is a flow diagram illustrating a method for a method for creating a unique driver profile for a vehicle;

FIG. 10 is a flow diagram illustrating a method for a method for creating a unique driver profile for a vehicle;

FIG. 11 is a flow diagram illustrating a method for a method for creating a unique driver profile for a vehicle;

FIG. 12 is a flow diagram illustrating a method for a method for creating a unique driver profile for a vehicle;

FIG. 13 is a flow diagram illustrating a method for determining if a driver may be impaired; and

FIG. 14 is a flow diagram illustrating a method for determining if a driver may be impaired.

DETAILED DESCRIPTION OF PREFERRED EMBODIMENTS Identification of a Driver by Driving Habits

A “habit” is a routine of behavior that is repeated regularly and tends to occur unconsciously. The American Journal of Psychology in 1903, stated, “a habit, from the standpoint of psychology, is a more or less fixed way of thinking, willing, or feeling acquired through previous repetition of a mental experience.” Habitual behavior often goes unnoticed in persons exhibiting it, because a person does not need to engage in self-analysis when undertaking routine tasks such as driving. Habits are sometimes compulsory. The process by which new behaviors become automatic is habit formation. Old habits are hard to break and new habits are hard to form because the behavioral patterns we repeat are imprinted in our neural pathways and do not change frequently.

As behaviors are repeated in a consistent context, there is an increase in the link between the context and the action. This increases the automaticity of the behavior in that context. Features of an automatic behavior are all or some of: efficiency, lack of awareness, un-intentionality, uncontrollability.

“Habit formation” is thus a process by which a behavior, through regular repetition, becomes automatic. A driving habit thus becomes an acquired behavior pattern regularly followed until it has becomes involuntary. Since most drivers in the United States start driving at a very early age, such as age 15 or 16, a 30 year old driver will operate a vehicle with involuntary driving habits practiced repeatedly (e.g., daily, etc.) over a period of 15 years.

“Habit evidence” is a term used in the law of evidence in the United States to describe any evidence submitted for the purpose of proving that a person acted in a particular way on a particular occasion based on that person's tendency to reflexively respond to a particular situation in a particular way and without voluntary thought. Habit evidence includes habit evidence for a driver driving a vehicle.

Additional information about using habits can be found in the book, “The Power of Habit: Why We Do What We Do in Life and Business,” by Charles Duhigg, Random House, 2014, ISBN-978-0812981605, the contents of which are incorporated by reference.

In the present invention, it has been determined experimentally by examining a number of data sets that a driver of a vehicle can be identified with a very high level of accuracy (e.g., 95% or more, etc.) based on the unique “driving habits” of the driver. The driver habits include adjustments to seats, mirrors, heating/cooling preferences, radio preferences, etc., smoking or not smoking, in a passenger compartment of a vehicle, driving characteristics such as acceleration curves, de-acceleration curves, braking, driving speeds, fuel consumption, rpm data, etc., driving routes including GPS time and location data, days of the week of driving activities, time of day of driving activities, etc. The habits of a driver of a vehicle are collected and stored with an on-board diagnostics (OBD) apparatus and/or in association with a smart phone and/or tablet, etc. to positively identify and verify the driver of the vehicle.

Since driving habits are behavior that through regular repetition becomes automatic, they can be used to identify and verify an identity of a driver of vehicle.

Exemplary Portable On-Board Diagnostic (OBD) Apparatus

In an exemplary embodiment, a driver's driver habits are captured with a portable vehicle on-board diagnostics (OBD) apparatus. The OBD is used alone or in association with another device such as a smart phone, tablet, etc.

FIG. 1 is a block diagram 10 illustrating a portable vehicle on-board diagnostics (OBD) apparatus 12. The apparatus 12 comprises a case component 14, including a first side comprising a male connector 16 and a second side of the case component including a second connector 18. The male connector 16 includes plural pins 20 for connecting to a female on-board diagnostic series 2 (OBD-2) port 22 integral to a vehicle 24 with plural electronic receptacles 26 for receiving the plural pins 20 from the male connector 16. The shape of the male connector 16 in the drawing in FIG. 1 is exemplary only and for simplicity and does not include all sixteen pins required for an OBD-2 connector. The female OBD-2 port 22 also does not include all sixteen receptacles 26 required for an OBD-2 receptacle. See FIG. 2 for a more accurate drawing of the apparatus 12 shape. The second connector 18 includes a second type of interface for securely providing a unique driver profile 28 and electronic information 30 from plural electronic signals from plural individual components 32 (e.g., mirrors, seats, brakes, accelerator, heating/cooling, etc.) of the vehicle 24 to an external device 34, 34′, 34″, only three of which are illustrated, each with one or more processors. The apparatus 12 further includes an electronic circuit 36 including one or more processors 38 inside the case component 14 connected to the male connector 18, the second connector 18 and a non-transitory computer readable medium 40. The electronic circuit 36 is configured for automatically creating the unique driver profile 28 for a driver 42 of the vehicle 24 from the electronic information 30 received from the plural electronic signals including time and geo-location data from the plural individual components 32 of the vehicle and on onboard Global Positioning System (GPS) and clock 24 configured by the driver 42 of the vehicle 24 and received as a result of the driver 42 operating the vehicle 24 and stored in the non-transitory computer readable medium 40. The non-transitory computer readable medium 40 connected to the electronic circuit 36 is used for the storing the created unique driver profile 28 and for storing the electronic information 30 received from the plural electronic signals from the plural individual components 32 of the vehicle 24 uniquely configured by the driver 42 of the vehicle 24 and received as the result of the driver 42 operating the vehicle 24. The created unique driver profile 28 includes unique driving habits of the driver 42 and is used to positively identify the driver 42 (or another driver, etc.) when the driver drives the vehicle 42.

However, the present invention is not limited to these components, and more, fewer or other components can be used to practice the invention.

The apparatus 12 is used to collect habitual driving information about the driver 42 of the vehicle 24. The habitual driving information is used to positively identify and verify the driver 42 of the vehicle 24 is actually driving the vehicle 24 based on the driver’ 42 driving habits.

The apparatus 12 is described with an exemplary embodiment. However, the invention is not limited to this exemplary embodiment and other embodiments can be used to practice the invention.

In such an exemplary embodiment, the case component 14 includes plastic, rubber, wood, metal, paper, composite materials and/or other types of materials to provide a durable case.

The plastic materials include Polyetherimide, Polyimide other thermosetting polyimides, Polyvinyl chloride (PVC) polyethylene, polypropylene, and/or other plastics. However, the present invention is not limited to these materials and other materials can be used to practice the invention.

“Polyetherimide” (PEI) is an amorphous, amber-to-transparent thermoplastic with characteristics similar to the related plastic PEEK. Polyether ether ketone (PEEK) is a colorless organic polymer thermoplastic Relative to PEEK, PEI is cheaper, but less temperature-resistant and lower in impact strength.

For example, commercially, ULTEM is a family of PEI products manufactured by SABIC. ULTEM resins are used in medical and chemical instrumentation due to their heat resistance, solvent resistance and flame resistance.

“Polyimide” (PI) is a polymer of imide monomers. Such imide monomers include pyromellitic dianhydride and 4,4′-oxydianiline and others. Polyimide materials are lightweight, flexible, resistant to heat and chemicals. Polyimide parts are not affected by commonly used solvents and oils, including hydrocarbons, esters, ethers, alcohols and freons. They also resist weak acids.

“Thermosetting polyimides” are known for thermal stability, good chemical resistance, excellent mechanical properties. Normal operating temperatures for such polymides range from cryogenic with temperatures below about −238° F. (−150° C.) to those exceeding about 500° F. (260° C.).

“Composite materials” are engineered or naturally occurring materials made from two or more constituent materials with significantly different physical or chemical properties which remain separate and distinct at the macroscopic or microscopic scale within the finished structure. Common polymer-based composite materials, include at least two parts, a substrate (e.g., fibers, etc.) and a resin.

The composite materials include “Fiber-reinforced polymers” (FRP) including thermoplastic composites, short fiber thermoplastics, long fiber thermoplastics or long fiber-reinforced thermoplastics. There are numerous thermoset composites, but advanced systems usually incorporate aramid fiber and carbon fiber in an epoxy resin matrix. The composite materials also include carbon/carbon composite materials with carbon fibers and a silicon carbide matrix.

However, the present invention is not limited to these materials and other materials can be used to practice the invention.

FIG. 2 is a block diagram 46 illustrating a front view 48 of the portable OBD apparatus 12 of FIG. 1. The front view 46 illustrates a front view 48 of the OBD-2 port 22 integral to the vehicle 24 with plural electronic receptacles 26. The front view 48 also illustrates a front view 50 the male connector 18 with the plural pins 20.

FIG. 3 is a block diagram illustrating a perspective view 52 of the portable OBD apparatus 12 of FIG. 1. The size and shape are exemplary only. Other sizes and shapes can be used to practice the invention and the present invention is not limited to the size and shape illustrated in FIG. 3.

The male connector 16 includes plural pins 20 for connecting to the female on-board diagnostic series 2 (OBD-2) port 22 integral to the vehicle 24 with plural electronic receptacles 26 for receiving the plural pins 20 from the male connector 18. However, the present invention is not limited to this embodiment and other series of on-board diagnostics (e.g., series, 3, 4, etc.) can be used to practice the invention.

In one embodiment, the male connector 18 includes a male 16-pin (2×8) J1962 connector (e.g., illustrated with front view 50 of FIG. 3). However, the present invention is not limited to such a connector and other connectors can be used to practice the invention.

The OBD-2 standard specifies the type of diagnostic connector and its pinout, the electrical signaling protocols available, and the messaging format. It also provides a candidate list of vehicle parameters to monitor along with how to encode the data for each. There is a pin in the connector that provides power for the scan tool from the vehicle battery, which eliminates the need to connect a scan tool to a power source separately. However, some technicians might still connect the scan tool to an auxiliary power source to protect data in the unusual event that a vehicle experiences a loss of electrical power due to a malfunction. Finally, the OBD-2 standard provides an extensible list of diagnostic trouble codes (DTCs). As a result of this standardization, a single device can query the on-board computer(s) in any vehicle.

The second connector 18 includes a second type of connector interface for securely providing the unique driver profile 28 and electronic information 30 from plural electronic signals from plural individual components 32 of the vehicle 24 to an external device 34, 34′, 34″ with one or more processors.

Wired Interfaces

In one embodiment, the second connector 18 comprises a wired 18′ or a wireless interface 18″.

In one embodiment, the wired interface 18′ includes a serial port connector or a Universal Serial Bus (USB) connector interface.

A “serial port” is a serial communication physical interface through which information transfers in or out one bit at a time.

A “Universal Serial Bus (USB)” is an industry standard developed in the mid-1990s that defines the cables, connectors and communications protocols used in a bus for connection, communication, and power supply between electronic devices.

However, the present invention is not limited to the connectors described and more, fewer or other wired connector interfaces can be used to practice the invention.

Wireless Interfaces

In one embodiment of the present invention, the wireless interface 18″ includes, but are not limited to, a cellular telephone, IEEE 802.11a, 802.11b, 802.11g, 802.1 in, 802.15.4 (ZigBee), “Wireless Fidelity” (Wi-Fi), “Worldwide Interoperability for Microwave Access” (WiMAX), ETSI High Performance Radio Metropolitan Area Network (HIPERMAN) or “RF Home, Zigbee, Bluetooth, Infrared, Industrial, Scientific and Medical (ISM), a Radio Frequency Identifier (RFID) or other long range or short range wireless interfaces may be used to practice the invention.

The wireless cellular telephone interface includes, but is not limited to Code Division Multiple Access (CDMA), Time Division Multiple Access (TDMA), or other wireless technologies and also includes Packet Cellular Network (PCN), Global System for Mobile Communications, (GSM), Generic Packet Radio Services (GPRS), network/Personal Communications Services network (PCS), a Cellular Digital Packet Data (CDPD), Long Term Evolution (LTE), and/or other wireless interfaces.

PCS networks include network that cover a range of wireless, digital communications technologies and services, including cordless phones, mobile phones, voice mail, paging, faxing, mobile personal digital/data assistants (PDAs), etc. PCS devices are typically divided into narrowband and broadband categories.

Narrowband devices, which operates in the 900 MHz band of frequencies, typically provide paging, data messaging, faxing, and one- and two-way electronic messaging capabilities. Broadband devices, which operate in the 1850 MHz to 1990 MHz range typically provide two-way voice, data, and video communications. Other wireless technologies such as GSM, CDMA and TDMA are typically included in the PCS category.

GSM is another type of digital wireless technology widely used throughout Europe, in Australia, India, Africa, Asia, and the Middle East. GSM is gaining popularity in the United States. GSM is a wireless platform based on TDMA to digitize data. GSM includes not only telephony and Short Message Services (SMS) but also voice mail, call forwarding, facsimile, caller ID, Internet access, and e-mail.

SMS is type of communications service that enables a user to allow private message communications with another user. GSM typically operates at three frequency ranges: 900 MHz (GSM 900) in Europe, Asia and most of the rest of the world: 1800 MHz (GSM 1800 or DCS 1800 or DCS) in a few European countries; and 1900 MHz (GSM 1900 also called PCS 1900 or PCS) in the United States. GSM also operates in a dual-band mode including 900/1800 Mhz and a tri-band mode include 900/1800/1900 Mhz.

GPRS is a standard for wireless communications, which runs at speeds up to 150 kilo-bits-per-second (“kbit/s”). GPRS, which supports a wide range of bandwidths is an efficient use of limited bandwidth and is particularly suited for sending and receiving small bursts of data such as e-mail and Web browsing, as well as large volumes of data.

CDPD is a wireless standard providing two-way, 19.2-Kbps or higher packet data transmission over existing cellular telephone channels. As is known in the art, a Packet Cellular Network (PCN) includes various types of packetized cellular data.

Long-Term Evolution (LTE) commonly marketed as Fourth Generation (4G) LTE, is a standard for wireless communication of high-speed data for mobile phones and data terminals. It is based on the Global System for Mobile Communications (GSM)/Enhanced Data rates for GSM Evolution (EDGE) and Universal Mobile Telecommunications System (UMTS)/High Speed Packet Access (HSPA)^(I) network technologies, increasing the capacity and speed using a different radio interface together with core network improvements.

802.11b is a short-range wireless network standard. The IEEE 802.11b standard defines wireless interfaces that provide up to 11 Mbps wireless data transmission to and from wireless devices over short ranges. 802.11a is an extension of the 802.11b and can deliver speeds up to 54M bps. 802.11g deliver speeds on par with 802.11a. However, other 802.11XX interfaces can also be used and the present invention is not limited to the 802.11 protocols defined. The IEEE 802.11a, 802.11b and 802.11g standards are incorporated herein by reference.

Wi-Fi is a type of 802.11xx interface, whether 802.11b, 802.11a, dual-band, etc. Wi-Fi devices include an RF interfaces such as 2.4 GHz for 802.11b or 802.11g and 5 GHz for 802.11a.

802.15.4 (Zigbee) is low data rate network standard used for mesh network devices such as sensors, interactive toys, smart badges, remote controls, and home automation. The 802.15.4 standard provides data rates of 250 kbps, 40 kbps, and 20 kbps., two addressing modes; 16-bit short and 64-bit IEEE addressing, support for critical latency devices, such as joysticks, Carrier Sense Multiple Access/Collision Avoidance, (CSMA-CA) channel access, automatic network establishment by a coordinator, a full handshake protocol for transfer reliability, power management to ensure low power consumption for multi-month to multi-year battery usage and up to 16 channels in the 2.4 GHz Industrial, Scientific and Medical (ISM) band (Worldwide), 10 channels in the 915 MHz (US) and one channel in the 868 MHz band (Europe). The IEEE 802.15.4-2003 standard is incorporated herein by reference.

WiMAX is an industry trade organization formed by leading communications component and equipment companies to promote and certify compatibility and interoperability of broadband wireless access equipment that conforms to the IEEE 802.16XX and ETSI HIPERMAN. HIPERMAN is the European standard for metropolitan area networks (MAN).

The IEEE The 802.16a and 802.16g standards are wireless MAN technology standard that provides a wireless alternative to cable, DSL and T1/E1 for last mile broadband access. It is also used as complimentary technology to connect IEEE 802.11XX hot spots to the Internet.

The IEEE 802.16a standard for 2-11 GHz is a wireless MAN technology that provides broadband wireless connectivity to fixed, portable and nomadic devices. It provides up to 50-kilometers of service area range, allows users to get broadband connectivity without needing direct line of sight with the base station, and provides total data rates of up to 280 Mbps per base station, which is enough bandwidth to simultaneously support hundreds of businesses with T1/E1-type connectivity and thousands of homes with DSL-type connectivity with a single base station. The IEEE 802.16g provides up to 100 Mbps.

The IEEE 802.16e standard is an extension to the approved IEEE 802.16/16a/16g standard. The purpose of 802.16e is to add limited mobility to the current standard which is designed for fixed operation.

The ESTI HIPERMAN standard is an interoperable broadband fixed wireless access standard for systems operating at radio frequencies between 2 GHz and 11 GHz.

The IEEE 802.16a, 802.16e and 802.16g standards are incorporated herein by reference. WiMAX can be used to provide Wireless Link Prioritization (WLP).

The ETSI HIPERMAN standards TR 101 031, TR 101 475, TR 101 493-1 through TR 101 493-3, TR 101 761-1 through TR 101 761-4, TR 101 762, TR 101 763-1 through TR 101 763-3 and TR 101 957 are incorporated herein by reference. ETSI HIPERMAN can also be used to provide WLP.

In one embodiment of the invention, the WiMAX interface includes WiMAX 4G Long Term Evolution (LTE) interfaces. The ITU announced in December 2010 that WiMAX and LTE are 4G technologies. One of the benefits of 4G LTE is the ability to take advantage of advanced topology networks including those communications networks 35 such as optimized heterogeneous networks with a mix of macrocells with low power nodes such as picocells, femtocells and new relay nodes. LTE further improves the capacity and coverage, and helps ensures user fairness. 4G LTE also introduces multicarrier technologies for ultra-wide bandwidth use, up to 100 MHz of spectrum supporting very high data rates.

IEEE 802.15.4 (Zigbee) is low data rate network standard used for mesh network devices such as sensors, interactive toys, smart badges, remote controls, and home automation. The 802.15.4 standard provides data rates of 250 kbps, 40 kbps, and 20 kbps., two addressing modes; 16-bit short and 64-bit IEEE addressing, support for critical latency devices, such as joysticks, Carrier Sense Multiple Access/Collision Avoidance, (CSMA-CA) channel access, automatic network establishment by a coordinator, fully handshaked protocol for transfer reliability, power management to ensure low power consumption for multi-month to multi-year battery usage and up to 16 channels in the 2.4 GHz ISM band (Worldwide), 10 channels in the 915 MHz (US) and one channel in the 868 MHz band (Europe). The IEEE 802.15.4-2003 standard is incorporated herein by reference.

Bluetooth (IEEE 802.15.1a) is a short-range radio frequency technology aimed at simplifying communications among network devices and between network devices. Bluetooth wireless technology supports both short-range point-to-point and point-to-multipoint connections. The Bluetooth Specification, GL 11r02, March 2005, prepared by the Bluetooth SIG, Inc. and the IEEE 802.15.1a standard are incorporated herein by reference.

Infra data association (IrDA) is a short-range radio wireless Bluetooth or wireless infrared communications.

Industrial, Scientific and Medical (ISM) are short-range radio wireless communications interfaces operating at 400 MHz, 800 MHz, and 900 Mhz. ISM sensors may be used to provide wireless information to practice the invention.

RFID is an automatic identification method, relying on storing and remotely retrieving data using devices called RFID tags or transponders. An RFID tag is a small object that can be attached to or incorporated into a product, animal, or person. RFID tags contain antennas to enable them to receive and respond to radio-frequency queries from an RFID transceiver. Passive tags require no internal power source, whereas active tags require a power source. RFID sensors and/or RFID tags are used to provide wireless information to practice the invention.

Passive tags are powered by received radiation from a reading device and require no internal source of power; thus, they can be manufactured at very low cost and require no ongoing maintenance as long as they are not removed or physically damaged. Passive tags can only be read by a reader device in close proximity to the tag, which is an advantage in RFID-based in-vehicle location services.

RFID active tags may also be employed for location awareness. Active tags have longer range and can include more sophisticated functionality. In the context of this invention, active tags may be programmed to validate their location from time to time, either by reference to Global Positioning System (GPS) signals using very long integration times, or by interrogation of other RFID tags in their vicinity.

A RFID tag which finds itself in an incorrect or unverified location is programmed to turn itself off, thus avoiding spurious location data being provided to a user; responses to incorrect location may also include emitting a distress signal which can be detected by a reader during building maintenance, or contacting a central location by direct wireless communications or mesh networking employing the multiplicity of companion ID tags, in order to induce maintenance personnel to diagnose and repair the problem with the subject tag.

RFID active tags are also deployed in a mesh network that would allow information to pass from tag to tag. This type of network would allow tag and reader information to be passed from location to location and possibly from floor to floor to move the information to a central location or to the building wall ultimately making it easier to access. Active tag networks have significant functional advantages, but are relatively expensive and maintenance-intensive compared to passive tags.

In one embodiment, of the invention, the wireless interface 18″ includes a wireless personal area network (WPAN) interface. As is known in the art, a WPAN is a personal area network for interconnecting devices centered around an individual person's devices in which the connections are wireless. A WPAN interconnects all the ordinary computing and communicating devices that a person has on their desk (e.g. computer, etc.) or carry with them (e.g., PDA, mobile phone, smart phone, table computer two-way pager, etc.)

A key concept in WPAN technology is known as “plugging in.” In the ideal scenario, when any two WPAN-equipped devices come into close proximity (within several meters and/or feet of each other) or within a few miles and/or kilometers of a central server (not illustrated), they can communicate via wireless communications as if connected by a cable. WPAN devices can also lock out other devices selectively, preventing needless interference or unauthorized access to secure information. Zigbee is one wireless protocol used on WPAN networks 35.

In one embodiment, the apparatus 12 communicates with other network devices 34, 34′, 34″, each with one or more processors, with near field communications (NFC) and/or machine-to-machine (M2M) communications.

“Near field communication (NFC)” is a set of standards for smartphones 34′ and similar network devices to establish radio communication with each other by touching them together or bringing them into close proximity, usually no more than a few centimeters. Present applications include contactless transactions, data exchange, and simplified setup of more complex communications such as Wi-Fi. Communication is also possible between an NFC device and an unpowered NFC chip, called a “tag” including radio frequency identifier (RFID) tags and/or sensor.

NFC standards cover communications protocols and data exchange formats, and are based on existing radio-frequency identification (RFID) standards including ISO/IEC 14443 and FeliCa. These standards include ISO/IEC 1809 and those defined by the NFC Forum, all of which are incorporated by reference.

“Machine to machine (M2M)” refers to technologies that allow both wireless and wired systems to communicate with other devices of the same ability. M2M uses a device to capture an event (such as option purchase, etc.), which is relayed through a network (wireless, wired, etc.) to an application (software program), that translates the captured event into meaningful information. Such communication was originally accomplished by having a remote network of machines relay information back to a central hub for analysis, which would then be rerouted into a system like a personal computer.

However, modern M2M communication has expanded beyond a one-to-one connection and changed into a system of networks that transmits data many-to-one and many-to-many to plural different types of devices and appliances. The expansion of IP networks across the world has made it far easier for M2M communication to take place and has lessened the amount of power and time necessary for information to be communicated between machines.

However, the present invention is not limited to such wireless connections and wireless networks and more, fewer and/or other wireless interfaces can be used to practice the invention.

FIG. 4 is a block diagram 54 illustrating transmitting the unique driver profile 28 in real-time from the apparatus 12.

In one embodiment, the wireless interface 18″ securely provides the unique driver profile 28 and electronic information 30 from the plural electronic signals from the plural individual components 32 of the vehicle 24 to an external device 34, 34′, 34″ in real-time (i.e., with a second or two or less time of an event that occurs, etc.) via a wireless communications network 35.

In such an embodiment, apparatus 12 is in communications with a communications system including plural server network devices 56, 58, two of which are illustrated, each with one or more processors and one or more associated data bases 56′, 58′ for storing data. In such an embodiment, the activities of the driver 42 of the vehicle 24 can be monitored in real-time.

However, the present invention is not limited to such an embodiment and the present invention can be practiced with and/or without securely transmitting the unique driver profile 28 and electronic information 30 via the wireless interface 18″ in real-time.

Non-Transitory Computer Readable Medium

In one embodiment, the non-transitory computer readable medium 40 further comprises a configuration application 53 including a plurality of instructions for causing the one or more processors 38 of the electronic circuit 36 to create the unique driver profile 28 for the driver 42 of the vehicle 24 and for configuring the electronic circuit 36 to accept only selected ones of the plural electronic signals from the plural individual components 32 of the vehicle 24 and from the result of the driver 42 operating the vehicle 24. In such an embodiment, the external devices 34, 34′, 34″, 34′″ also include a configuration application component 53′ that communicates with the configuration application 53 with a wired 18′ and/or wireless 18″ connection via the second connector 18.

In one embodiment, the unique driver profile 28 and/or the electronic information 30 is stored in an encrypted format in the non-transitory computer readable medium. Such encrypted storage protects the data and prevents unauthorized access and/or unauthorized tampering of the data. However, the present invention is not limited to storing the unique driver profile 28 and/or the electronic information 30 in an encrypted format and the unique driver profile 28 and/or the electronic information 30 can be used stored as plaintext data to practice the invention.

However, the present invention is not limited to such an embodiment and the present invention can be practice with and/or without the configuration application 53 and the configuration application components 53′. In such an embodiment, the apparatus 12 is configured during a manufacturing process.

Security and Encryption

Apparatus 12 with wired 18′ and/or wireless interfaces 18″ of the present invention include one or more of the security and encryptions techniques discussed herein for secure communications and secure storage of data in the non-transitory computer readable medium 40.

The computer readable medium 40 includes security and/or encryption application programs 41. Security and/or encryption programs may also exist in hardware components on the apparatus 12 described herein and/or exist in a combination of hardware, software and/or firmware.

Wireless Encryption Protocol (WEP) (also called “Wired Equivalent Privacy) is a security protocol for WiLANs defined in the IEEE 802.11b standard. WEP is cryptographic privacy algorithm, based on the Rivest Cipher 4 (RC4) encryption engine, used to provide confidentiality for 802.11b wireless data.

RC4 is cipher designed by RSA Data Security, Inc. of Bedford, Mass., which can accept encryption keys of arbitrary length, and is essentially a pseudo random number generator with an output of the generator being XORed with a data stream to produce encrypted data.

One problem with WEP is that it is used at the two lowest layers of the OSI model, the physical layer and the data link layer, therefore, it does not offer end-to-end security. One another problem with WEP is that its encryption keys are static rather than dynamic. To update WEP encryption keys, an individual has to manually update a WEP key. WEP also typically uses 40-bit static keys for encryption and thus provides “weak encryption,” making a WEP device a target of hackers.

The IEEE 802.11 Working Group is working on a security upgrade for the 802.11 standard called “802.11i.” This supplemental draft standard is intended to improve WiLAN security. It describes the encrypted transmission of data between systems 802.11X WiLANs. It also defines new encryption key protocols including the Temporal Key Integrity Protocol (TKIP). The IEEE 802.11i draft standard, version 4, completed Jun. 6, 2003, is incorporated herein by reference.

The 802.11i standard is based on 802.1x port-based authentication for user and device authentication. The 802.11i standard includes two main developments: Wi-Fi Protected Access (WPA) and Robust Security Network (RSN).

WPA uses the same RC4 underlying encryption algorithm as WEP. However, WPA uses TKIP to improve security of keys used with WEP. WPA keys are derived and rotated more often than WEP keys and thus provide additional security. WPA also adds a message-integrity-check function to prevent packet forgeries.

RSN uses dynamic negotiation of authentication and selectable encryption algorithms between wireless access points and wireless devices. The authentication schemes proposed in the draft standard include Extensible Authentication Protocol (EAP). One proposed encryption algorithm is an Advanced Encryption Standard (AES) encryption algorithm.

Dynamic negotiation of authentication and encryption algorithms lets RSN evolve with the state of the art in security, adding algorithms to address new threats and continuing to provide the security necessary to protect information that WiLANs carry.

The NIST developed a new encryption standard, the Advanced Encryption Standard (AES) to keep government information secure. AES is intended to be a stronger, more efficient successor to Triple Data Encryption Standard (3DES).

DES is a popular symmetric-key encryption method developed in 1975 and standardized by ANSI in 1981 as ANSI X.3.92, the contents of which are incorporated herein by reference. As is known in the art, 3DES is the encrypt-decrypt-encrypt (EDE) mode of the DES cipher algorithm. 3DES is defined in the ANSI standard, ANSI X9.52-1998, the contents of which are incorporated herein by reference. DES modes of operation are used in conjunction with the NIST Federal Information Processing Standard (FIPS) for data encryption (FIPS 46-3, October 1999), the contents of which are incorporated herein by reference.

The NIST approved a FIPS for the AES, FIPS-197. This standard specified “Rijndael” encryption as a FIPS-approved symmetric encryption algorithm that may be used by U.S. Government organizations (and others) to protect sensitive information. The NIST FIPS-197 standard (AES FIPS PUB 197, November 2001) is incorporated herein by reference.

The NIST approved a FIPS for U.S. Federal Government requirements for information technology products for sensitive but unclassified (SBU) communications. The NIST FIPS Security Requirements for Cryptographic Modules (FIPS PUB 140-2, May 2001) is incorporated herein by reference.

RSA is a public key encryption system which can be used both for encrypting messages and making digital signatures. The letters RSA stand for the names of the inventors: Rivest, Shamir and Adleman. For more information on RSA, see U.S. Pat. No. 4,405,829, now expired and incorporated herein by reference.

“Hashing” is the transformation of a string of characters into a usually shorter fixed-length value or key that represents the original string. Hashing is used to index and retrieve items in a database because it is faster to find the item using the shorter hashed key than to find it using the original value. It is also used in many encryption algorithms.

Secure Hash Algorithm (SHA), is used for computing a secure condensed representation of a data message or a data file. When a message of any length <2⁶⁴ bits is input, the SHA-1 produces a 160-bit output called a “message digest.” The message digest can then be input to other security techniques such as encryption, a Digital Signature Algorithm (DSA) and others which generates or verifies a security mechanism for the message. SHA-512 outputs a 512-bit message digest. The Secure Hash Standard, FIPS PUB 180-1, Apr. 17, 1995, is incorporated herein by reference.

Message Digest-5 (MD-5) takes as input a message of arbitrary length and produces as output a 128-bit “message digest” of the input. The MD5 algorithm is intended for digital signature applications, where a large file must be “compressed” in a secure manner before being encrypted with a private (secret) key under a public-key cryptosystem such as RSA. The IETF RFC-1321, entitled “The MD5 Message-Digest Algorithm” is incorporated here by reference.

Providing a way to check the integrity of information transmitted over or stored in an unreliable medium such as a wireless network is a prime necessity in the world of open computing and communications. Mechanisms that provide such integrity check based on a secret key are called “message authentication codes” (MAC). Typically, message authentication codes are used between two parties that share a secret key in order to validate information transmitted between these parties.

Keyed Hashing for Message Authentication Codes (HMAC), is a mechanism for message authentication using cryptographic hash functions. HMAC is used with any iterative cryptographic hash function, e.g., MD5, SHA-1, SHA-512, etc. in combination with a secret shared key. The cryptographic strength of HMAC depends on the properties of the underlying hash function. The IETF RFC-2101, entitled “HMAC: Keyed-Hashing for Message Authentication” is incorporated here by reference.

An Electronic Code Book (ECB) is a mode of operation for a “block cipher,” with the characteristic that each possible block of plaintext has a defined corresponding cipher text value and vice versa. In other words, the same plaintext value will always result in the same cipher text value. Electronic Code Book is used when a volume of plaintext is separated into several blocks of data, each of which is then encrypted independently of other blocks. The Electronic Code Book has the ability to support a separate encryption key for each block type.

Diffie and Hellman (DH) describe several different group methods for two parties to agree upon a shared secret in such a way that the secret will be unavailable to eavesdroppers. This secret is then converted into various types of cryptographic keys. A large number of the variants of the DH method exist including ANSI X9.42. The IETF RFC-2631, entitled “Diffie-Hellman Key Agreement Method” is incorporated here by reference.

A “blockchain” is a public ledger of all transactions that have ever been executed for a select item. It is constantly growing as completed blocks are added to it with a new set of recordings. The blocks are added to the blockchain in a linear, chronological order. Blockchains are used on Peer-2-Peer (P2P) networks and other networks such as cloud communications networks 18. Each P2P node gets a copy of the blockchain, which gets downloaded automatically upon joining P2P. The blockchain has complete information about the block owners and block content right from the first block to the most recently completed block.

A “blockchain” is also a digital ledger that records every transaction that has ever occurred. Blockchains and transactions on blockchains are typically protected by cryptography. More importantly, though, the blockchain does not reside in a single server, but across a distributed network of servers and computer such as a cloud computing network and a P2P computing network. Accordingly, whenever new transactions occur, a new blockchain is authenticated across this distributed network, then the transaction is included as a new “block” on the “chain.” A block chain implementation comprises of two kinds of records: transactions and blocks.

“Transactions” are the content to be stored in the block chain (e.g., financial transactions, etc.). Transactions are created by participants using the system. In the case of cryptocurrencies, a transaction is created any time a cryptocurrency owner sends cryptocurrency to someone.

A transaction is also a transfer of value between digital wallets that gets included in the block chain. Digital wallets, including BITCOIN wallets, store a secret piece of data called a “private key” or, which is used to digitally sign transactions, providing a mathematical proof that the digital signature has actually come from the owner of the digital wallet.

System users create transactions that are passed from node to node on a best-effort basis. The system implementing the blockchain defines a valid transaction. In cryptocurrency applications, a valid transaction must be digitally signed, spend one or more unspent outputs of previous transactions, and the sum of transaction outputs must not exceed the sum of inputs.

Blocks record and confirm when and in what sequence transactions enter and are logged in the block chain. Blocks are created by users known as “miners” who use specialized software or equipment designed specifically to create blocks.

Blockchains are decentralized and do not require a “central authority” or “middleman.” Every node in a decentralized system has a copy of the block chain. This avoids the need to have a centralized database managed by a trusted third party. Blockchain transactions are broadcast to a network using software applications. Network nodes can validate transactions, add them to their copy and then broadcast these additions to other nodes. To avoid the need for a trusted third party to timestamp transactions, decentralized block chains use various timestamping schemes, such as proof-of-work.

However, the present invention is not limited to such security and encryption methods described herein and more, fewer and/or other types of security and encryption methods can be used to practice the invention.

ODB-2 Electronic Circuit

In FIG. 1 the apparatus 12 further includes an electronic circuit 36 including one or more processors 38 inside the case component 14 connected to the male connector 16, the second connector 18 and the non-transitory computer readable medium 40. The electronic circuit 36 is configured for automatically creating the unique driver profile 28 for the driver 42 of the vehicle 24 from the electronic information 30 received from the plural electronic signals from the plural individual components 32 of the vehicle 24 configured by the driver 42 of the vehicle 24 and received as a result of the driver 42 operating the vehicle 24 and stored in the non-transitory computer readable medium 40.

In one embodiment, the electronic circuit 36 includes an integrated circuit (IC) or monolithic integrated circuit (also referred to as an IC, a chip, or a microchip). An integrated circuit is a set of electronic circuits on one small plate (“chip”) of semiconductor material, normally silicon. However, the present invention is not limited to such an embodiment and other types of circuits can be used to practice the invention.

The electronic circuit 36 includes an operating environment for the present invention comprising a processing system with one or more high speed Central Processing Unit(s) (“CPU”) 38 or other types of processors 38.

In accordance with the practices of persons skilled in the art of computer programming, the present invention is described below with reference to acts and symbolic representations of operations or instructions that are performed by the processing system, unless indicated otherwise. Such acts and operations or instructions are referred to as being “computer-executed,” “CPU executed” or “processor executed.”

It will be appreciated that acts and symbolically represented operations or instructions include the manipulation of electrical signals by the CPU 38. An electrical system represents data bits which cause a resulting transformation or reduction of the electrical signals, and the maintenance of data bits at memory locations in a memory system to thereby reconfigure or otherwise alter the CPU's 38 operation, as well as other processing of signals. The memory locations where data bits are maintained are physical locations that have particular electrical, magnetic, optical, or organic properties corresponding to the data bits.

The data bits may also be maintained on a non-transitory computer readable medium 40 including magnetic disks, optical disks, organic memory, and any other volatile (e.g., Random Access Memory (“RAM”)) or non-volatile (e.g., Read-Only Memory (“ROM”)) mass storage system readable by the CPU 38.

In one embodiment, the electronic circuit 36 of the apparatus 12 is powered by a power source from the vehicle 24 (e.g., 12 volt, etc.) The power source is obtained from one of the plural receptacles 26 (e.g., pin 16, etc.) in the OBD-2 diagnostic port 22 integral to the vehicle 24.

In another embodiment, the electronic circuit 36 of the apparatus 12 receives a first power source from the vehicle 24. When the apparatus 12 is unplugged from the OBD-2 diagnostic port 22 integral to the vehicle 24, it has no power. To retrieve the unique driver profile 28 and the electronic information 30, the apparatus 12 uses a power source supplied to the second connector 18 from an external device 34, 34′, 34″, etc.

However, the present invention is not limited to such embodiments and more, fewer and other combinations of internal and/or external power sources can be used to practice the invention.

In another embodiment the electronic circuit 36 of the apparatus 12 is powered by a power source of the second connector (e.g., serial, USB, wireless, etc.).

In another embodiment, the electronic circuit 36 further includes an internal power supply 43 comprising a Direct Current (DC) and/or an Alternating Current (AC) power supply and/or a combination thereof.

The power supply 43 includes an electronic device that supplies electric power to an electrical load. The primary function of a power supply is to convert one form of electrical energy to another and, as a result, power supplies are sometimes referred to as electric power converters. Some power supplies are discrete, stand-alone devices, whereas others are built into larger devices along with their loads. Every power supply must obtain the energy it supplies to its load, as well as any energy it consumes while performing that task, from an energy source. All power supplies have a power input, which connects to the energy source, and a power output that connects to the load. In many power supplies the power input and output consist of electrical connectors.

In one embodiment, the power supply 43 includes a DC power supply. A DC power supply is one that supplies a voltage of fixed polarity (either positive or negative) to its load. Depending on its design, a DC power supply may be powered from a DC source or from an AC source. DC power supplies, include, but are not limited to, batteries, thermocouples, solar cells, capacitors, etc.

A “battery” is a device consisting of one or more electrochemical cells that convert stored chemical energy into electrical energy. In one embodiment, the apparatus 12, includes a battery with life of about two-four weeks to allow for downloading from the apparatus 12. In one embodiment, a primary and a backup battery is used. However, the present invention is not limited to this embodiment and the invention can be practiced without a backup battery.

A“thermocouple” is a temperature-measuring device consisting of two dissimilar conductors that contact each other at one or more spots. It produces a voltage when the temperature of one of the spots differs from the reference temperature at other parts of the circuit.

A “solar cell” (also called a photovoltaic cell) is an electrical device that converts the energy of light directly into electricity by the photovoltaic effect.

A “capacitor” (originally known as a condenser) is a passive two-terminal electrical component used to store energy electrostatically in an electric field. For example, the mechanical motion of the solenoid valve 24, other valves and/or pumps are used re-charge the capacitor.

In another embodiment, the power supply 43 includes an AC power supply.

An AC power supply typically takes the voltage from a main power source, (e.g., 110 volt wall socket, etc.) and lowers it to a desired voltage.

In another embodiment, the power supply 43 includes a switched-mode power supply (SMPS). In an SMPS, the AC mains input is directly rectified and then filtered to obtain a desired DC voltage. The resulting DC voltage is then switched on and off at a high frequency by electronic switching circuitry, thus producing an AC current that will pass through a high-frequency transformer or inductor. Switching occurs at a very high frequency (e.g., typically 10 kHz to 1 MHz), thereby enabling the use of transformers and filter capacitors that are much smaller, lighter, and less expensive than those found in linear power supplies operating at mains frequency. After the inductor or transformer secondary, the high frequency AC is rectified and filtered to produce the desired DC output voltage. In such an embodiment the power is obtained for the SMPS from power source on the vehicle 24.

However, the present invention is not limited to the power supplies discussed and other types of internal and/or external power supplies and/or other combinations of AC and DC power can be used to practice the invention.

The apparatus 12 may also include plural other recording and/or detection interfaces 61, including, but not limited to, a temperature, altimeter, barometric pressure, humidity, organic solvent, smoke (e.g., cigarette, cigar, drug (e.g., marijuana, hash, crack cocaine, methamphetamines, etc.), gas detection and/or InfraRed (IR) sensor interfaces 61.

In one embodiment, the plural electronic signals from plural individual components 32 (e.g., mirrors, seats, brakes, accelerator, radio, heating preferences, cooling, preferences, etc.) of the vehicle 24 in those exemplary signals illustrated in Table 1. However, the present invention is not limited to the signals described and more, fewer and other signals can be used to practice the invention. The signals are not described in any particular order and are not required to be assigned to any particular pin 20. In addition, a sixteen pin connection is used with the OBD-2 interface 22. However, the present invention is not limited to sixteen signals and more, fewer or other signals can be used to practice the invention. In addition, more than sixteen signals can be used by using one or more of the plural pins 20 as a “change mode” pin to allow a second, third, fourth set of signals to be obtained and receiving plural signals on an electrical bus internal to the vehicle 24. In addition, one pin 20 can be used to collect plural different signals from one receptacle 26.

TABLE 1 1. A first electronic signal accepted on the electronic circuit 36 including geo-location, altitude and time information including GPS location and time information 60 of a driver 42 of a vehicle. 2. A second electronic signal accepted on the electronic circuit 36 indicating vertical seat position for the driver 42 of the vehicle 24. 3. A third electronic signal accepted on the electronic circuit 36 indicating a rear-view mirror position for the driver 42 of the vehicle 24. 4. A fourth electronic signal accepted on the electronic circuit 36 indicating a left side-view mirror position for the driver 42 of the vehicle 24. 5. A fifth electronic signal accepted on the electronic circuit 36 indicating a right side-view mirror position for the driver 42 of the vehicle 24. 6. A sixth electronic signal accepted on the electronic circuit 36 indicating a position for a steering wheel for the driver 42 of the vehicle 24. 7. A seventh electronic signal accepted on the electronic circuit 36 indicating a plurality of radio stations set for the driver 42 of the vehicle 24. 8. An eighth electronic signal accepted on the electronic circuit 36 indicating acceleration sequence and acceleration curve information for the driver 42 of the vehicle 24. 9. A ninth electronic signal accepted on the electronic circuit 36 indicating vehicle speed information for the driver 42 of the vehicle 24. 10. A tenth electronic signal accepted on the electronic circuit 36 indicating braking sequence and deceleration information for the driver 42 of the vehicle 24. 11. An eleventh electronic signal accepted on the electronic circuit 36 indicating fuel consumption information for the driver 42 of the vehicle 24. 12. A twelfth electronic signal accepted on the electronic circuit 36 indicating geographic location information 60 for the vehicle 24 as the vehicle 24 travels between one or more different geographic locations. 13. A thirteenth electronic signal accepted on the electronic circuit 36 indicating activation of an airbag for a passenger in a front passenger seat of the vehicle 24. 14. A fourteenth electronic signal accepted on the electronic circuit 36 indicating geofence location information for the vehicle 24. 15. A fifteenth electronic signal accepted on the electronic circuit 36 indicating biometric 45 information for the driver 42 of the vehicle 24. 16. A sixteen electronic signal accepted on the electronic circuit 36 indicating still or video camera 47 information for a passenger compartment 49 of the vehicle 24. 17. A seventeenth electronic signal accepted on the electronic circuit 36 indicating temperature, altimeter, barometric pressure, humidity, cigarette smoke and organic solvent and gas detection for a passenger compartment 49 of the vehicle 24. 18. A eighteenth electronic signal accepted on the electronic circuit 36 indicating heating preferences for a passenger compartment 49 of the vehicle 24. 19. A nineteenth electronic signal accepted on the electronic circuit 36 indicating cooling preferences for a passenger compartment 49 of the vehicle 24. 20. A twentieth electronic signal accepted on the electronic circuit 36 indicating horizontal seat position for the driver 42 of the vehicle 24.

Table 2 illustrates standard pins defined for OBD-2. However, the present invention is not limited to this pin layout and others can be used to practice the invention.

TABLE 2 Pin Receptacle 26 Signal Description 2 J1850 Bus+ 4 CGND GND 5 SGND GND 6 CAN High J-2284 7 ISO 9141-2 Tx/Rx K-LINE 10 J1850 Bus− 14 CAN Low J-2284 15 ISO 9141-2 Tx/Rx L-LINE 16 +12 v Battery power

A Controller Area Network (CAN) bus is used in most cars since 2004. The CAN protocol is a popular standard outside of the automotive industry and is making significant in-roads into the OBD-2 market share. By 2008, all vehicles sold in the US were required to implement the CAN bus, thus eliminating the ambiguity of the existing five signaling protocols.

The CAN bus is simply a pair of wires, often twisted around each other, running around the vehicle and terminated at either end of the two-wire network with resistors of 120 Ohms. The only components connected to the CAN bus are the electronic control units (nodes). Other components, such as sensors, motors, light bulbs, switches, etc. are wired only to the electronic control units. Some vehicles have a CAN bus system along side the ISO/KWP2000 system. A vehicle which uses CAN bus for on-board diagnostics can only respond to an OBD-2 request from a tester which uses CAN bus. From model year 2008 vehicle manufacturers must use the OBD protocol specified in ISO 15765, also known as Diagnostics On CAN.

Two wires of CAN bus, CAN-H and CAN-L, will have the same voltage when idle (about 2.5V), or a voltage difference of 2V when a signal is placed on the CAN bus. When a signal is placed on the CAN bus the CAN-H line is at a higher voltage than the CAN-L line. Each electronic control unit have its own CAN identity code, like an address (may respond to several CAN id codes). If an electronic control unit is to communicate to another it will need to know the CAN identity code of the recipient.

A simple check to see if the CAN bus is in use in a vehicle, and accessible via the OBD socket, is to connect a resistance meter across pin 6 and pin 14. Due to the combined resistance of the two termination resistors at 120 Ohms each the overall resistance should be read as 60 Ohms.

OBD-2 provides access to numerous other data from the Engine Control Unit (ECU) and offers a valuable source of information when troubleshooting problems inside a vehicle. The Society of Automotive Engineers (SAE) J1979 standard defines a method for requesting various diagnostic data and a list of standard parameters that are available from the ECU and other devices 32 in the vehicle 24. The various parameters that are available are addressed by parameter identification numbers or Parameter IDentifiers (PIDs), which are defined in SAE J1979, which is incorporated herein by reference.

OBD-2 PIDs (On-board diagnostics Parameter IDs) are codes used to request data from a vehicle, used as a diagnostic tool. SAE standard J/1979 defines many PIDs, but manufacturers also define many more PIDs specific to their vehicles. All light duty vehicles (i.e. less than 8,500 pounds) sold in North America since 1996, as well as medium duty vehicles (i.e. 8,500-14,000 pounds) beginning in 2005, and heavy duty vehicles (i.e. greater than 14,000 pounds) beginning in 2010, were required to support OBD-2 diagnostics, using a standardized data link connector, and a subset of the SAE J/1979 defined PIDs (or SAE J/1939 as applicable for medium/heavy duty vehicles), primarily for state mandated emissions inspections.

Typically, an automotive technician uses PIDs with a scan tool connected to the vehicle's OBD-2 connector. The technician enters the PID The scan tool sends it to the vehicle's controller-area network (CAN)-bus, VPW, PWM, ISO, KWP. (After 2008, CAN only). A device on the bus recognizes the PID as one it is responsible for, and reports the value for that PID to the bus. The scan tool reads the response, and displays it to the technician.

The apparatus 12 uses the CAN bus and OBD-2 PIDs to obtain information from the various components 32 of the vehicle 24.

In one embodiment, the apparatus 12 includes its own new and unique OBD-2 PIDs to practice the invention. However, the present invention is not limited to such an embodiment and the invention can be practice with and/or with new unique OBD-2 PIDs.

In one embodiment, the apparatus 12 further includes a biometric interface 45 connected to the case component 14 and electronic circuit 36 for inputting a user biometric 11 of the driver 42. The biometric interface 45 includes, but is not limited to, a finger print scanner interface and/or an iris eye scanner interface and/or other biometric interface. In such an embodiment, a user biometric 11 accepted from the driver 42 is stored the non-transitory computer readable medium 40 and/or in the unique driver profile 28. However, the present invention is not limited to such an embodiment and the present invention can be practiced with and/or without the biometric interface 45.

In one embodiment, the user biometric 11 includes identification data for the driver includes collecting a driver 42 finger print and/or iris eye scan, a current photo of the driver 42 and a current GPS 60 data point directly from the apparatus 12.

In another embodiment, the driver 42 uses an external device 34, 34′, 34″ such as a smart phone 34″ and/or tablet 34′, etc. including configuration application components 53′ and including a finger print reader and/or application and/or iris eye scanner and/or application and a camera component to collect the user biometric 11.

In one embodiment, the apparatus 12 further includes a camera interface 47 connected to the case component 14 and electronic circuit 36 for collecting still pictures of the driver 42 of the vehicle 24 or video of the driver 42 of the vehicle 24 as the vehicle 24 is operated. In such an embodiment, the camera interface 47 is also used to collect pictures of configurations of individual components 32 (e.g., seat, mirror, etc.) within a passenger compartment 49 in the vehicle 24. In another embodiment, a camera component of an external device 34, 34′, 34″ is used to collect still pictures and/or video of the driver 42. The external device 34, 34′, 34″, communicates with the apparatus 12 via the second connector 18 with a wireless 18″ or wired 18′ connection to send the still pictures and/or video for storage on the apparatus 12. However, the present invention is not limited to such an embodiment and the present invention can be practiced with and/or without the biometric interface 47.

In one embodiment, the apparatus 12 further comprises a start code interface 51. When a driver biometric 11 is accepted and verified a start enable code is automatically sent from the external device 34, 34′, 34″ such as a smart phone 34″ and/or tablet 34′, etc. with configuration application components 53′ to the apparatus 12 via a wireless connection 18″ (e.g., Bluetooth, etc.) via second connection 18. The configuration application components 53′ provide an identifier for the external device 34, 34′, 34″ and current GPS location information 60 for the external device 34, 34′, 34″. The apparatus 12, provides current GPS location information 60 of the vehicle 24. Once a start code is sent to the apparatus 12, the external device 34, 34′, 34″ will remained paired to the vehicle 24 during its operation by the identified driver 42.

In one embodiment, the external device 34, 34′, 34″ is also used to continuously and periodically request rolling retests (e.g., every 30 minutes, etc.) of the driver 42 via a sound or vibration requiring the driver 42 to place their finger and/or eye on the biometric reader 45 and/or in front of the camera interface 42 to ensure the driver 42 is still driving the vehicle 24.

In one embodiment, the apparatus 12 further comprises a user input code interface 55 for inputting a pre-defined, unique user input code unique to the driver 42 of the vehicle 24. The unique user input code is manually input with a smart phone 34″, electronic tablet 34′, and/or wearable devices 66-72, via the second connector 18 and the configuration application 53 and configuration application component 53′. In such an embodiment, the apparatus 12 is uniquely configured for a specific driver 42 and re-generated for the driver 42 every time the driver desires to drive the vehicle 24. However, the present invention is not limited to such an embodiment and the present invention can be practiced with and/or without the user input code interface 55.

Referring to FIG. 4 in one embodiment, the apparatus 12 further comprises a Global Positioning Satellite interface 57 for providing GPS physical geographic location information to include altitude (i.e., 3D position, etc.) 60 of the vehicle 24. In such an embodiment, the apparatus 12 obtains GPS location information 60 from one or more GPS satellites 62 with the second connector 18 via the wireless communications network 35 in real-time. The GPS location information 60 is stored both on the apparatus 12 and in one or more databases (e.g., 56′, etc.) associated with one or more server network devices (e.g., 56, etc.) on the wireless communications network 35. If the apparatus 12 cannot communicate with the network 35, the GPS information 60 is stored on the apparatus 12 for later retrieval and download and/or later transmission of the information. However, the present invention is not limited to such an embodiment and the present invention can be practiced with and/or without the GPS interface 57.

The Global Positioning System (GPS) is a space-based global navigation satellite system (GNSS) that provides reliable location and time information in all weather and at all times and anywhere on or near the Earth. A GPS receiver 57 calculates its position by precisely timing signals sent by GPS satellites 62. A GPS receiver 57 uses the messages it receives to determine a transit time of each message and computes a distance to each GPS satellite 62. These distances along with the satellites' locations are used with the possible aid of triangulation, depending on which algorithm is used, to compute a current physical position of the GPS receiver 57 and hence the vehicle 24. This position is then displayed on an external device 34, 34′, 34″, 56, 58, perhaps with a moving map display (e.g., at a street level, etc.) and/or latitude and longitude and/or elevation and/or speed and/or acceleration information may also be included. Many GPS units also show derived information such as travel direction and speed, calculated from position changes. The GPS coordinates include standard GPS, GPS map, Digital GPS (DGPS) and/or other types of GPS information.

The GPS information 60, which includes geo-location and time stamp information is one of the most important indicators of driving habits associated with a driver 42. Such driving habits are used to confirm the identity, and positively identify the driver 42 of the vehicle 24 by times and places it is driven.

For example, the driver 42 may leave his/her house at 7:30 a.m. every morning to drop his/her children off at a school location and then arrive at a work location by 8:05 a.m. every morning. The driver 42 drives the same route local streets to the school and to the work location. At 4:30 p.m., the driver 42 leaves work and drives to the school location to pick up his/her kids after school. The driver arrives at home by 5:05 p.m. every evening. The driver 42 repeats this behavior every weekday Monday through Friday. On weekends, the driver 42 goes grocery shopping, stops at the dry cleaners and at the gas station. The GPS information 60, including the time stamps and geo-location information is used to create a unique driver profile 28. Although they may be asynchronous events such as an accident, a need to work overtime, after school activities, the driver 42 can be uniquely and positively identified by the daily, routine driving habits and stored in the unique driver profile 28.

The GPS interface 57 is also used for “geo-fencing.” A “geo-fence” is a virtual perimeter for a real-world geographic area. A geo-fence is dynamically generated—as in a radius around a store or point location. The geo-fence is also statically define as a predefined set of boundaries, like school zones, neighborhood boundaries, specific addresses. Such geofences allow apparatus 12 to be used to monitor the behavior of criminal offenders such as sexual predators, drug dealers, domestic violence offenders with restraining orders, offenders under house arrest or with an electronic monitoring bracelet.

When the GPS device 57 of a location-based service (LBS) user using apparatus 12 in his/her vehicle 24 enters or exits a geo-fence, the device receives a generated notification. This notification includes information about the location of the vehicle 24. The geofence notice is sent to an external device 34, 34′, 34″, 56, 68 via a voice, SMS message and/or or an email message.

Geofencing, is used for location services and is used for notification that the apparatus 12 and hence vehicle 24 it is installed is entering and/or leaving desired geofence areas and/or for monitoring of drivers, offenders, etc. Geofencing also allows users of the system to draw zones around places of work, customer's sites and home areas. Thus, geofencing can be used to protect parties who have legally obtained a restraining order against a driver 42 of a vehicle 24 from entering the restraining order zone with the vehicle 24.

In one embodiment, the apparatus 12 safely disables the vehicle 24 and locks it down when vehicle 24 enters a geo-fence. For example, if apparatus 12 was placed in the vehicle 24 of a sex offender, the apparatus 12 will safely turn the vehicle 24 off and report the current geographic to law enforcement when the driver 42 of the vehicle enters all school zones which are protected by geofences.

However, the present invention is not limited to such an embodiment and the present invention can be practiced with and/or without geofencing.

FIG. 5 is a block diagram 64 illustrating wearable network devices 66-72.

Wearable technology″ and/or “wearable devices” are clothing and accessories incorporating computer and advanced electronic technologies. The wearable devices include one or more processors and include, but are not limited to, wearable digital glasses 66, clothing 68 (e.g., smart ties 68′, etc.), jewelry 70 (e.g., smart rings, smart earrings, bracelets, etc.) and/or wristware (watches 72, bracelets, 72′, etc.). The wearable devices 66-72 include the configuration application component 53′.

The wearable devices 66-72 may also include an ankle monitoring bracelet provided by a court and/or law enforcement agency. The wearable devices 66-72 may also include a tamper proof RFID bracelet 72′ that communicates with apparatus 12.

The wearable devices 66-72 communicate with the apparatus 12 via the second connector 18 and the configuration application 53 and configuration application component 53′. However, the present invention is not limited to such embodiments and more, fewer and other types of wearable devices can also be used to practice the invention. The invention can also be practiced without wearable devices 66-72.

Methods for Using the Portable On-Board Diagnostic (OBD) Apparatus to Collect and Store Driving Habits of a Driver

FIG. 6 is a flow diagram illustrating a Method 74 for a method for creating a unique driver profile for a vehicle. At Step 76, a first request signal is received on an electronic circuit with one or more processors on a portable on-board diagnostic series 2 (OBD-2) apparatus to create a unique driver profile for a driver of a vehicle including the portable OBD-2 apparatus plugged into an OBD-2 port integral to the vehicle when the vehicle is turned on. At Step 78, plural event signals are received on the electronic circuit from plural individual components of the vehicle uniquely configured by the driver of the vehicle and resulting from the driver operating the vehicle. At Step 80, the electronic circuit creates the unique driver profile. At Step 82, the created unique driver profile and electronic information for the received event plural signals is stored in a non-transitory computer readable medium connected to the electronic circuit. At Step 84, the electronic circuit continually updates the unique driver profile and the electronic information for the received plural event signals in the non-transitory computer readable medium until a second request signal is received on the electronic circuit indicating the vehicle is being turned off.

Method 74 is illustrated with an exemplary embodiment. However, the present invention is not limited to such an exemplary embodiment, and other embodiments can be used to practice the invention.

In such an exemplary embodiment at Step 76, a first request signal is received on an electronic circuit 36 with one or more processors 38 on a portable on-board diagnostic series 2 (OBD-2) apparatus 12 to create a unique driver profile 28 for a driver 42 of a vehicle 24 including the portable OBD-2 apparatus 12 plugged into an OBD-2 port 22 integral to the vehicle 24 when the vehicle 24 is turned on.

In one embodiment, the first request signal includes a unique biometric 11 for the driver 42 of the vehicle 24 to uniquely identify the driver 42 of the vehicle 24. The user biometric 11 includes, but is not limited to, a finger print, an iris eye scan, a DNA sample and/or other user biometric.

It has been determined experimentally that a unique driver profile 28 is similar in uniqueness to a fingerprint 11. No two drivers 42, 42 a will generate exactly the same unique driver profile 28 and therefore the unique driver profile 28 can be used to positively identify one driver 42 of a vehicle 24.

In one embodiment, the user biometric 11 is input via a biometric interface 45 attached directly to the apparatus 12.

In another embodiment, the user biometric 11 is input on a network device 34 such as a smart phone 34′, tablet 34″, etc. and sent to the apparatus 12 with a wireless 18″ (e.g., Bluetooth, 802.11x, WiMAX, etc. and/or wired 18′ connection to second connection 18.

However, the present invention is not limited to these embodiments and other embodiments, with, and/or without a unique biometric 11 can be used to practice the invention.

In one embodiment, the user biometric 11, includes, but is not limited to, current a finger print or iris eye scan or a photograph of the driver and a current Global Positioning System (GPS) location and timestamp of the driver 42. However, the present invention is not limited to such an embodiment, and more fewer or other types of user biometrics 11 can be used to practice the invention.

At Step 78, plural signals are received on the electronic circuit 36 from plural individual components 32 of the vehicle 24 uniquely configured by the driver 42 of the vehicle 24 and resulting from the driver 42 operating the vehicle 24. In one embodiment, the plural signals, at a minimum, include GPS information 60 including time stamp and geo-location information. Such time and location information comprises a large portion of the information required to determine driving habits to identify the driver 42 of the vehicle 24.

At Step 80, the electronic circuit 36 creates the unique driver profile 28 in the non-transitory computer readable medium 40 connected to the electronic circuit 36. The unique driver profile 28 may be stored in an encrypted and/or a plaintext format.

At Step 82, the created unique driver profile 28 and electronic information 30 for the received plural signals is stored in the non-transitory computer readable medium 40 connected to the electronic circuit 36. The unique driver profile 28 and the electronic information 30 may be stored in an encrypted and/or a plaintext format.

At Step 84, the electronic circuit 36 continually updates the unique driver profile 28 and the electronic information 30 for the received plural signals in the non-transitory computer readable medium 40 until a second request signal is received on the electronic circuit 36 indicating the vehicle 24 is being turned off.

In one embodiment, the created unique driver profile 28 may be collected, stored, and subsequently used for comparison to confirm driver ID or is securely sent in real-time (e.g., every 1, 2, 5 seconds, etc.) from the apparatus 12 to an external network device 34 via the communications network 35. In another embodiment, the unique driver profile 28 is not sent in real-time, instead the unique driver profile 28 is offloaded off the apparatus 12 at a later time with a wired 18′ and/or wireless 18″ connection via the second connector 18.

FIG. 7 is a flow diagram illustrating a Method 86 for a method for creating a unique driver profile for a vehicle. At Step 88, a second request signal is received on the electronic circuit for the created unique driver profile for the portable OBD-2 apparatus. At Step 90, the created unique driver profile and electronic information from the non-transitory computer readable medium is securely sent via a wired or wireless interface port on a second connector connected to the electronic circuit to a network device with one or more processors via a communications network. At Step 92, a test is conducted on the network device to compare the received created unique driver profile and the electronic information to a stored driver profile for the driver to determine whether the driver or another driver is actually operating the vehicle. If at Step 92, the driver is determined not to be driver of operating the vehicle, at Step 94, the network device sends a third message to another network device with one or more processors indicating another driver may be actually operating the vehicle.

Method 86 is illustrated with an exemplary embodiment. However, the present invention is not limited to such an exemplary embodiment, and other embodiments can be used to practice the invention.

In such an exemplary embodiment at Step 88, a second request signal is received on the electronic circuit 36 for the created unique driver profile 28 for the portable OBD-2 apparatus 12.

In one embodiment, Step 88 is initiated in real-time when the vehicle 24 is being operated by the driver 42. However, the present invention is not limited to this embodiment and other embodiments can also be used to practice the invention.

In one embodiment, Step 88, is also automatically initiated when the OBD-2 apparatus 12 has been un-plugged from the OBD-2 port 22 integral to the vehicle 24. However, the present invention is not limited to this embodiment and other embodiments can also be used to practice the invention.

At Step 90, the created unique driver profile 28 and electronic information 30 from the non-transitory computer readable medium 40 is securely sent with one or more of the security and/or encryption methods described herein via a wired or wireless interface port on a second connector 18 connected to the electronic circuit 36 to a network device 34, 34′, 34″, 56, 58, 63 with one or more processors via a communications network 35.

At Step 92, a test is conducted on the network device (e.g., 58) to compare the received created unique driver profile 28 and the electronic information 30 to a stored driver profile 59 for the driver 42 to determine whether the driver 42 or another driver 42 a is actually operating the vehicle 24.

In one embodiment, the test at Step 92 includes comparing a biometric 11 collected from the driver 42 to a stored biometric 11 for the driver, and/or a picture of the driver 42 to a picture collected from the driver 42 and/or current GPS location information from the apparatus 12 to current GPS location information from an external device 34, 34′, 34″ used by the driver 42 and paired with apparatus 12 during the start enable code sequence described herein. However, the presenting invention is not limited to such embodiments and other comparisons can be used to practice the invention.

In one embodiment, the test at Step 92 also includes a geofencing test to determine if the vehicle 24 has driven within a prohibited geographical area. However, the present invention is not limited to such an embodiment and other embodiments may be used to practice the invention.

At Step 92, if the driver 42 is determined not to be driver of operating the vehicle 24, at Step 94, the external device 58 sends a message to another network device 34, 34′, 34″, 56, 58, 63, 66-72 (e.g., law enforcement, court, etc.) with one or more processors indicating another driver 42 a may be actually operating the vehicle 24.

Method 86 allows drivers 42 whose driving privileges and/or driving territories may have been restricted by a court of law to be closely monitored and thereby significantly reduce the restricted driver's ability to drive if prohibited, to drive into prohibited territories and/or have another driver 42 a operate his/her vehicle 24.

FIG. 8 is a flow diagram illustrating a Method 96 for a method for creating a unique driver profile for a vehicle. At Step 98, a first message including plural driver information is received on a network device with one or more processors via a communications network from an identified driver of a vehicle. At Step 100, the network device creates a driver profile for the identified driver from the plural driver information. At Step 102, the network device stores in a database associated with the network device the created driver profile as a known driver profile for the identified driver. At Step 104, second message is received on the network device from an electronic circuit with one or more processors on a portable on-board diagnostic series 2 (OBD-2) apparatus including a unique driver profile created for a current driver of the vehicle including the portable OBD-2 apparatus plugged into an OBD-2 port integral to the vehicle. At Step 106, the network device conducts a test to compare the received unique driver profile to the known driver profile for the identified driver to determine whether the identified driver or another driver is actually operating the vehicle. If at Step 106, the identified driver is not actually operating the vehicle, at Step 108, a second message is sent from the network device to another network device with one or more processors indicating another driver may be actually operating the vehicle instead of the identified driver.

Method 96 is illustrated with an exemplary embodiment. However, the present invention is not limited to such an exemplary embodiment, and other embodiments can be used to practice the invention.

In such an exemplary embodiment at Step 98, a first message including a plural driver information is received on a network device 56, 58, 63 with one or more processors via a communications network 35 from an identified driver 42 of a vehicle 24.

In one embodiment, the first message includes a unique biometric 11 to identify the driver 42 of the vehicle 24. However, the present invention is not limited to this embodiment and other embodiments can be used to practice the invention.

In one embodiment, the driver, courts, or interested/supervising parties 42 a of the vehicle 24 uses a graphical network interface such as a web-page 67 via the communications network 35 to enter driver information. In another embodiment, the driver 42 uses the configuration application component 53′ from an external device 34, 34′, 34″, 66-72. However, the present invention is not limited to such an embodiment, other interfaces can be used to enter driver information and to practice the invention.

At Step 100, the network device 56, 58, 63 creates a driver profile 28′ for the identified driver 42 from the plural driver information.

In one embodiment, the preliminary driver profile 28′ is created from home, work, and other frequented addresses, expected routes of travel (e.g., local streets, freeways, school zone, etc.), time of day, day of week, time stamp and geo-location information, geofencing information, times of travel (e.g., 7:30 until 8:30 am and again at 4:30 pm to 5:30 p.m., etc. and/or based on the court order/allowed driving times, etc.). However, the present invention is not limited to the plural driver information described and more, fewer or other plural driver information can be used to practice the invention.

In another embodiment, the driver 42 of a vehicle 24 creates the preliminary driver profile 28′ by wearing the tamper proof RFID bracelet 72′ that communicates with the apparatus 12. The RFID bracelet 72′ is similar to ankle bracelets provided by courts for criminal offenders to monitor their activities. In such an embodiment, the driver 42 wears the RFID bracelet 72′ for a pre-determined time period (e.g., 1 week, 2 weeks, a month, etc.). The RFID bracelet 72′ communicates with the apparatus 12 with a wireless connection. The unique driver profile 28 is created for the driver 42 to be used as a data set to ensure the driver 42 is actually the driver that is operating the vehicle 24 at any time and at any location. After the initialization period, the RFID bracelet 72′ need not be worn and the driver 42 can be monitored and identified by his/her current driving habits.

At Step 102, the network device 56, 58, 63 stores in a database 56′, 58′, 63′ associated with the network device 56, 58, 63 the created driver profile 28′ as a known driver profile 28′ for the identified driver 42. The database may also include a non-transitory computer readable medium such as a hard drive, flash drive, etc. and may be internal and/or external to network device 56, 58, 63.

At Step 104, second message is received on the network device 56, 58, 63 from an electronic circuit 36 with one or more processors on a portable on-board diagnostic series 2 (OBD-2) apparatus 12 including a unique driver profile 28 for a current driver 42 of the vehicle 24 including the portable OBD-2 apparatus 12 plugged into an OBD-2 port 22 integral to the vehicle 24.

The apparatus 12 can also create a non-restricted driver 42 a profile that will allow a spouse, partner, friend, relative and/or child to freely drive the vehicle 24. This also prevents the desired driver 42 of the vehicle 24 from being falsely identified as one of such parties who is allowed to freely drive at any time, to any location, etc.

At Step 106, the network device 56, 58, 63 conducts a test to compare the received unique driver profile 28 to the known driver profile 28′ for the identified driver 42 to determine whether the identified driver 42 or another driver 42 a is actually operating the vehicle 24.

In one embodiment, the test at Step 106 includes comparing a biometric 11 collected from the driver 42 to a stored biometric 11 for the driver, and/or a picture of the driver 42 to a picture collected from the driver 42 and/or current GPS location information from the apparatus 12 to current GPS location information from an external device 34, 34′, 34″ used by the driver 42 and paired with apparatus 12 during the start enable code sequence described herein. However, the presenting invention is not limited to such embodiments and other comparisons can be used to practice the invention.

If at Step 108, the identified driver 42 is not actually operating the vehicle 24, at Step 110, a second message is sent from the network device 56, 58, 63 to another network device 34, 34′, 34″, 56, 58, 63, 66-72 with one or more processors indicating another driver 42 a may be actually operating the vehicle 24 instead of the identified driver 42. As was described earlier, the apparatus 12 also creates unique driver profiles for non-desired drivers 42 a (e.g., spouse, etc.) that is used to positively identify another driver 42 a of the vehicle other than the desired driver 42.

FIG. 9 is a flow diagram illustrating a Method 110 for a method for creating a unique driver profile for a vehicle. At Step 112, a network device with one or more processors securely receives in real-time plural fourth messages including a unique biometric to identify the driver of the vehicle from the electronic circuit on the portable OBD-2 apparatus via a communications network. At Step 114, the network device securely receives in real-time plural fifth messages from the electronic circuit on the portable OBD-2 apparatus including a plural new driver profiles for the identified driver of the vehicle. At Step 116, the network device continuously in real-time creates an updated driver profile for the identified driver from the plural fifth messages. At Step 118, network device stores in real-time in a database associated with the network device the created updated driver profile as a known driver profile for the identified driver. The known driver profile is created over a pre-determined period of time from a pre-determined number of fifth messages to dynamically and uniquely a plurality of driving behaviors of the identified driver of the vehicle.

Method 110 is illustrated with an exemplary embodiment. However, the present invention is not limited to such an exemplary embodiment, and other embodiments can be used to practice the invention.

In such an exemplary embodiment at Step 112, a network device 56, 58, 63 with one or more processors receives in real-time plural fourth messages including a unique biometric 11 to identify the driver 42 of the vehicle 24 from the electronic circuit 36 on the portable OBD-2 apparatus 12 via a communications network 35.

At Step 114, the network device 56, 58, 63 receives in real-time plural fifth messages from the electronic circuit 36 on the portable OBD-2 apparatus 12 including a plural new driver profiles for the identified driver 42 of the vehicle 24.

At Step 116, the network device 56, 58, 63 continuously in real-time creates an updated driver profile 28′ for the identified driver 42 from the plural fifth messages.

At Step 118, network device 56, 58, 63 stores in real-time in a database 56′, 58′, 63′ associated with the network device 56, 58, 63 the created updated driver profile 28′ as a known driver profile 28′ for the identified driver 42. The known driver profile 28′ is created over a pre-determined period of time (e.g., one month, etc.) from a pre-determined number of fifth messages (e.g., about 100 to 10,000, etc.) to dynamically and uniquely record driving behaviors of the identified driver 42 of the vehicle 24.

Method 110 creates an “average” and/or “typical” driver profile for the identified driver 42. This average and/or typical driver profile prevents the identified driver 42 from being falsely reported as having another driver 42 a actually driving the vehicle 24 of the identified driver 42. For example, one first day the identified driver 42 may drive really slow and cautious because the identified driver is taking his/her children to school and must obey traffic laws for a school zone. On a second day the identifier driver may drive more aggressively because he/she is driving in freeway traffic and must obey traffic laws for driving on a freeway. Such driving behaviors are “averaged” out over time to determine a driver profile 28 that correctly and uniquely identifies the identifier driver 42. In one embodiment, the average can be simple and can include simple situations such as averaging driving behavior in school zones, in city traffic, on the highway, etc.

In one embodiment, the method and system described herein is used to uniquely identify a driver 42 of a vehicle 24 based on a created unique driver profile 28 including individual driver acceleration and deceleration sequences or curves. The created unique driver profile 28 can be used to prove another person other than a desired driver 42 drove the vehicle 24. For example, the desired driver 42 was 6′3″ tall, 250 pounds and set the seat and mirrors to reflect a person that size and pushed hard on the accelerator pedal and brake pedal and drove at an average speed of 45 mph. This male driver 42 frequently visits golf courses and sporting goods stores. However, the created unique driver profile 28 included information for a person (e.g., a woman) 5′1″ tall, 100 pounds with the seat and mirrors to reflect a person that size and pushed softly on the accelerator pedal and brake pedal and drove at an average speed of 30 mph. This female driver 42 frequently visits hair and nail salons and clothing stores. The reverse situation can also be tracked by the apparatus 12 where the vehicle of the 5′1″ woman was driven by the 6′3″ man, etc. which would initiate an event because the 6′3″ man drove in a different manner than the 5′1″ woman and visa-versa.

Such driver activities are typically done subconsciously without thinking and as the result of well ingrained driving habits that can and are used to uniquely and positively identify a desired driver 42. The apparatus 12 can also be used to prove a desired driver 42 did drive the vehicle 24. Such proof is valuable in the event of an accident, a situation in which a driver 42 has a suspended license, a driver 42 is desired to be followed by law enforcement and/of a private investigator, etc.

FIG. 10 is a flow diagram illustrating a Method 120 for a method for creating a unique driver profile for a vehicle. At Step 122, the network device periodically sends via the communications network to the electronic circuit on the portable OBD-2 apparatus a confirmation request message requesting the current driver of the vehicle send new current driver information including a new driver biometric and current a finger print or iris eye scan or a photograph of the driver, and/or a driver identification code and a current Global Positioning System (GPS) location of the driver. At Step 124, the network device receives via the communications network from the electronic circuit on the portable OBD-2 apparatus a confirmation response message including the new current driver information. At Step 126, a test is conducted on the network device to compare the received new current driver information to the known driver profile for the identified driver to determine whether the identified driver or another driver is actually operating the vehicle. If at Step 126, the identified driver is not actually operating the vehicle, at Step 128 a sixth message is sent from the network device to another network device with one or more processors indicating another driver may be actually operating the vehicle instead of the identified driver.

Method 120 is illustrated with an exemplary embodiment. However, the present invention is not limited to such an exemplary embodiment, and other embodiments can be used to practice the invention.

In such an exemplary embodiment at Step 122, the network device 56, 58, 63 periodically sends via the communications network 35 to the electronic circuit 36 on the portable OBD-2 apparatus 12 a confirmation request message requesting the current driver 42 of the vehicle 24 send new current driver information 28, 30.

In one embodiment, the new current driver information 28, 30 includes a new driver biometric 11 and current a finger print or iris eye scan, a photograph of the driver, a driver user code, and a current Global Positioning System (GPS) location of the driver 42. However, the present invention is not limited to such an embodiment, and more fewer or other current driver information 28, 30 can be used to practice the invention.

At Step 124, the network device 56, 58, 63 receives via the communications network 35 from the electronic circuit 36 on the portable OBD-2 apparatus 12 a confirmation response message including the new current driver information 28, 30.

At Step 126, a test is conducted on the network device 56, 58, 63 to compare the received new current driver information 28, 30 to the known driver profile 28/30 for the identified driver 42 to determine whether the identified driver 42 or another driver 42 a is actually operating the vehicle 24.

In one embodiment, the test at Step 126 includes comparing a biometric 11 collected from the driver 42 to a stored biometric 11 for the driver, and/or a picture of the driver 42 to a picture collected from the driver 42 and/or current GPS location information from the apparatus 12 to current GPS location information from an external device 34, 34′, 34″ used by the driver 42 and paired with apparatus 12 during the start enable code sequence described herein. However, the presenting invention is not limited to such embodiments and other comparisons can be used to practice the invention.

If at Step 126, the identified driver 42 is not actually operating the vehicle 24, at Step 128 a sixth message is sent from the network device 56, 58, 63 to another network device 56, 58, 63 with one or more processors indicating another driver 42 a may be actually operating the vehicle 24 instead of the identified driver 42.

FIG. 11 is a flow diagram illustrating a Method 130 for a method for creating a unique driver profile for a vehicle. At Step 132, a first identification message including plural current driver information is received on a portable on-board diagnostic series 2 (OBD-2) apparatus with one or more processors during operation of a vehicle with a first driver. At Step 134, the portable on-board diagnostic series 2 (OBD-2) apparatus conducts a test to compare the current driver information to a driver profile for an identified driver previously created and store on the OBD-2 apparatus to determine whether the identified driver or another driver is actually operating the vehicle. If at Step 134, the first driver and not identified driver is not actually operating the vehicle, at Step 136, a second message is sent in real-time from the portable on-board diagnostic series 2 (OBD-2) apparatus to another network device with one or more processors via communications network indicating another driver may be actually operating the vehicle instead of the identified driver.

Method 130 is illustrated with an exemplary embodiment. However, the present invention is not limited to such an exemplary embodiment, and other embodiments can be used to practice the invention.

In such an exemplary embodiment at Step 132, a first message including plural driver information is received on a portable on-board diagnostic series 2 (OBD-2) apparatus 12 with one or more processors via a communications network 35 from a driver 42 of a vehicle 24.

At Step 134, the portable OBD-2 apparatus 12 conducts a test to compare the received driver information to a known driver profile for the driver previously created and stored on the portable on-board diagnostic series 2 (OBD-2) apparatus to determine whether an identified driver or another driver is actually operating the vehicle.

If at Step 134, the identified driver 42 is not actually operating the vehicle, at Step 136, a second message is sent from the portable OBD-2 apparatus 12 to another network device 34, 34′, 34″, 56, 58, 63, with one or more processors via a communications network 35 indicating another driver 42 a may be actually operating the vehicle instead of the identified driver 42.

Method 130 allows the portable OBD-2 apparatus 12 to determine in real-time that a driver of a vehicle is not a desired driver and previously identified driver 42.

The unique driver profile 28 and driving habits of a driver collected and stored on apparatus 12 can be used as “Habit evidence” in the United States in a court of law.

Identifying a Driver of a Vehicle without the ODB-2 Apparatus

FIG. 12 is a flow diagram illustrating a Method 138 for a method for creating a unique driver profile for a vehicle. At Step 140, a first request signal is received on an application on a network device with one or more processors to create a current driver profile for a driver of a vehicle that has been turned on. At Step 142, plural event signals are received on the application on the network device resulting from the driver operating the vehicle. At Step 144, the application on network device creates the current driver profile. At Step 146, the application stores the current driver profile in a non-transitory computer readable medium on the network device. At Step 148, the application on the network device continuously compares the created current driver profile to a stored known driver profile. At Step 150, the application on the network device continuously updates the created current driver profile and the electronic information in the non-transitory computer readable medium until a second request signal is received on the network device indicating the vehicle is being turned off.

Method 138 is illustrated with an exemplary embodiment. However, the present invention is not limited to such an exemplary embodiment, and other embodiments can be used to practice the invention.

In such an exemplary embodiment at Step 140, a first request signal is received on application 53′ on a network device with one or more processors 34, 34′, 34″, 66-72, to create a current driver profile 28 for a driver 42 of a vehicle 24 that has been turned on. The network device includes a computer, 34 smart phone 34′, tablet 34″, wearable device 66-72, etc.

At Step 142, plural event signals are received on the application 53′ on the network device 34, 34′, 34″, 66-72, resulting from the driver 42 operating the vehicle 24.

In an exemplary embodiment, the network device 34, 34′, 34″, 66-72 is not in communications with the ODB-2 apparatus 12. In such an embodiment, driving habits of the driver 42 are recorded using integral components of the network device 34, 34′, 34″, 66-72 such as a GPS component (including time stamp and geolocation, etc.), accelerometer component, camera component, biometric component, voice recorder component, etc. and/or non-integral components such as external interfaces and/or sensors and/or devices (e.g., electrical, temperature, smoke, chemical, biometric, etc.) that can be plugged into the network device 34, 34′, 34″, 66-72 and/or a communications interface for communicating with the vehicle 24 directly (e.g., Bluetooth, InfraRed, 802.11x, etc.) to collect data about the driving habits of the driver 42 of the vehicle 24.

In another embodiment, the network device 34, 34′, 34″, 66-72 is in communications with the ODB-2 apparatus 12 plugging into the vehicle 24.

However, the present invention is not limited to these components and/or embodiments and other components and/or embodiments may be used to practice the invention.

At Step 144, the application 53′ on the network device 34, 34′, 34″, 66-72 creates a current driver profile 28.

At Step 146, the application 53′ on the network device 34, 34′, 34″, 66-72 stores the created current driver profile 28 in a non-transitory computer readable medium on the network device 34, 34′, 34″, 66-72.

At Step 148, the application 53′ on the network device 34, 34′, 34″, 66-72, continuously compares the created current driver profile 28 to a stored driver profile 28.

In one embodiment, the application 53′ on the network device 34, 34′, 34″, 66-72 continually sends the created driver profile 28 to another external network device 56, 58, 63, etc. to verify an identity of the driver 42 of the vehicle 24. In such an embodiment, the comparison is done externally in real-time via the communications network 35. Methods 6-11 are executed in connection with Step 148.

In another embodiment, the application 53′ on the network device 34, 34′, 34″, 66-72 locally processes and compares a current created driver profile 28 to a previously created and stored driver profile 28′ to determine an identity of the driver 42 of the vehicle 24 in real-time.

If there is a discrepancy between an identity of the driver 42 when comparing the current created driver profile 28 and previously created and stored driver profile 28′, the application 53′ on the network device 34, 34′, 34″, 66-72 queries in real-time the current driver 42 of the vehicle 24 for additional identifying information such as another fingerprint, another photograph, another voice print, etc. as was described above in FIGS. 10 and 11 for the ODB-2 apparatus 12.

However, the present invention is not limited to these embodiments and other embodiments may be used to practice the invention.

At Step 150 the application 53′ on the network device 34, 34′, 34″, 66-72 continuously updates the current crated driver profile 28 in the non-transitory computer readable medium until a second request signal is received on the application 53′ network device 34, 34′, 34″, 66-72 indicating the vehicle 24 is being turned off.

In one embodiment, the application 53′ on network device 34, 34′, 34″, 66-72 sends the created current driver profile 28 to another network device 56, 58, 63, etc. in real-time via the communications network 35.

In another embodiment, the application 53′ on network device 34, 34′, 34″, 66-72 stores the created current driver profile 28 in the non-transitory computer readable medium on the network device 34, 34′, 34″, 66-72 for later retrieval and/or to provide an updated driver profile 28′ to further uniquely identify the driving habits of the driver 42 of the vehicle 24.

However, the present invention is not limited to these embodiments and other embodiments may be used to practice the invention.

Described herein is a method and system for automatically creating a unique driver profile for a vehicle. The unique driver profile is created with a portable on-board diagnostic series 2 (OBD-2) apparatus, and/or on linked network devices (e.g., smart phones, tablets, etc.) and GPS including altitude data based on driving habits of a driver. The apparatus is configured for accepting plural electronic signals from plural individual components of the vehicle uniquely configured by the driver of the vehicle and from the result of the driver operating the vehicle and creating the unique driver profile from the accepted plural signals. The unique driver profile is sent in real-time from the apparatus to a network device to check the identity of the driver. The unique driver profile helps confirm an identity of the driver of the vehicle for civil and criminal legal matters, for personal matters (family, new drivers, etc.) and/or for other types of matters.

The (OBD-2) apparatus, and/or on linked and/or on stand alone network devices (e.g., smart phones, tablets, etc.) are programmed to collect, store and subsequently compare generated driver profiles or driver data to confirm driver identification both onboard and offboard the vehicle.

The methods and system described herein can also be practiced without the OBD-2 apparatus 12. In such embodiments, a network device (e.g., smart phones, tablets, wearable devices, etc.) is used instead of the ODB-2 apparatus to directly collect, store and send driving habit information for a driver of a vehicle in a unique driver profile.

The unique driver profile helps confirm an identity of the driver of the vehicle for civil legal matters, for criminal legal matters, for personal matters (family, new drivers, etc.) and/or for other types of matters in which the unique driving habits of a driver of vehicle are used to positively identify a current driver of a vehicle.

Determining Driver Impairment as a Deviation from Known Driver Habits

An “impaired driver” is a driver who has lost or is losing control over his or her mental and/or physical faculties and/or behavior as a result of use of legal and/or illegal drugs (e.g., marijuana, etc.), alcohol, legal or illegal medications (e.g., opioids, cold medicine, etc.), lack of sleep, distractions such as mobile phone use, texting, eating and/or drinking and/or having a medical condition that affects physical movements and/or mental faculties.

Impaired drivers include “intoxicated” and/or “drunk” drivers who are operating a vehicle under the influence of an intoxicating substances (e.g., drugs, alcohol, etc.) that exceed those defined under a state or federal criminal codes.

For example, Driving Under the Influence (DUI) of alcohol, also called Driving While Intoxicated (DWI) in some states, is an offense under Florida state law. The offense is proved by impairment of “normal faculties” of a driver or unlawful blood alcohol and/or breath alcohol level of 0.08 or above.

As another example, in Colorado, where recreational marijuana use is legal, a driver drives under the influence of marijuana (DUI-M) when, as a result of consuming or smoking marijuana, the driver is substantially incapable, mentally and/or physically, to safely operate a vehicle.

Driver impairment of all types is determined through driver performance and driver performance as a deviation from “known driver habits.” A device such as an OBD-2 device with an accelerometer, GPS, and cellular/wireless communications connected to a vehicles OBD-2 port and/or any communication means, wired or wireless that can detect vehicle system signals is one method for determining driver habits and performance. Vehicle signals indicating lights, turn signals, braking activity, window position, gas pedal position and overall vehicle systems are used for impaired driving detection.

However, an OBD-2 device is unnecessary if these systems are already built into the vehicle and programmed to use the method of impaired driving detection described herein.

Vehicle, GPS and accelerometer signals are used to determine that a driver of the vehicle is impaired and alert both the driver to their behavior through an audible alarm and speech and record the impaired driving activity for immediate wireless transmission to or subsequent use by interested parties such a law enforcement 42 b, etc. Interested parties 42 b may monitor real-time ongoing driving of the subject though a network portal (e.g., web-page 67, etc.); further alerts may be generated if the driver exceeds any number of parameters deemed to be a safety risk by the interested parties. An automotive interlock function disabling the vehicle 24 can also be utilized by law enforcement 42 b personnel.

Table 3 is a partial list of driver performance actions that where determining experimentally from actual impaired drivers that provide an overall indication of impairment and when observed in combination with other driver performance action provide even a higher probability of impaired driving performance. However, the present invention is not limited to the items illustrated in Table 3, and more, fewer and/or other performance actions can be used to practice the invention.

TABLE 3 1. Weaving side to side in a regular or irregular pattern. 2. Abrupt steering corrections 3. Abrupt braking 4. Continuously or repeatedly depressing the brake pedal 5. Baking repeatedly 6. Lane drifting with abrupt corrections 7. Varying speed 8. Abrupt or acceleration or deceleration 9. Irregular acceleration or deceleration 10. Jerky steering 11. Jerky braking 12. Jerky, abrupt turns 13. Turn signal inconsistent with driver actions (e.g., left signal flashing while turning right or turn signal simply left on after turn completed, etc.) 14. Not using turn signal at all 15. Driving without headlights during nighttime hours 16. Air conditioning and heating not consistent with ambient temperatures. 17. Acceleration and deceleration curves that deviate substantially from the known driver profile. 18. Overall driving not consistent with driver profile.

A probability of impairment is assigned to each of the items in Table 3 using Method 166, FIG. 14 described below. Table 4 is a partial list of the probability of impairment values there were determined experimentally collecting data from actual impaired drivers. However, the present invention is not limited to the items illustrated in Table 4, and more, fewer and/or other probability of impairment values can be used to practice the invention.

TABLE 4 1. Weaving side to side in a regular or irregular pattern - 41% 2. Abrupt steering corrections - 50% 3. Abrupt braking - 42% 4. Continuously depressing and releasing the brake pedal- 42% 5. Baking repeatedly - 42% 6. Lane drifting with abrupt corrections - 51% 7. Varying speed - 20% 8. Abrupt or acceleration or deceleration - 48% 9. Irregular acceleration or deceleration - 38% 10. Jerky steering - 52% 11. Jerky braking - 50% 12. Jerky, abrupt turns - 61% 13. Turn signal inconsistent with driver actions (e.g., left signal flashing while turning right or turn signal simply left on after turn completed, etc.) - 30% 14. Not using turn signal at all - 34% 15. Driving without headlights during nighttime hours - 50% 16. Air conditioning and heating not consistent with ambient temperatures - 30% 17. Acceleration and deceleration curved that deviate substantially from the known driver profile - 50% 18. Overall driving not consistent with driver profile - 51%

By assigning a probability to each of the above actions and determining a frequency of the probability values in a pre-determined time real-time calculations of the probability of impairment are completed (e.g., drugged, alcohol impaired, distracted and drowsy driving, etc.). The real-time calculations are used to provide real-time alerts to the driver and remote alerts to interested parties via transmission to a remote web enable monitoring center.

FIG. 13 is a flow diagram illustrating a Method 154 for determining an impaired driver based on driving habits. As Step 156, plural numeric probability impairment values are assigned for a pre-determined driver impairment test method to plural driver performance actions completed by a driver while driving a vehicle in a non-transitory computer readable medium by an electronic circuit with one or more processors on the vehicle. At Step 158, a unique driver profile is automatically created in the non-transitory computer readable medium on the electronic circuit in the vehicle for the driver of the vehicle collected from plural electronic signals from plural individual components in a passenger compartment of the vehicle configured and used by a driver of the vehicle. At Step 160, plural event signals are received in real-time on the electronic circuit in the vehicle resulting from the driver operating the vehicle and completing one or more of the plural driver performance actions. At Step 162, an impairment test for the impairment test method is conducted continuously in real-time with the assigned plural numeric probability impairment values over a pre-determined time interval to compare a frequency of the received plural event signals for the one or more of the plural driver performance actions completed by the driver to those previously stored in the unique driver profile for the driver to determine with a pre-defined probability whether the driver operating the vehicle may be impaired based on the unique behavior patterns for the driver of the vehicle stored in the unique driver profile. If at Step 162, it is determined that the driver operating the vehicle may be impaired, at Step 164, a first message is sent from the electronic circuit via a wireless interface on the vehicle via a wireless communications network to the driver of the vehicle or to an external network device with one or more processors indicating the driver operating the vehicle may be impaired.

Method 154 is illustrated with an exemplary embodiment. However, the present invention is not limited to such an exemplary embodiment, and other embodiments can be used to practice the invention.

In such an exemplary embodiment, at Step 156, plural numeric probability impairment values (e.g., Table 4, etc.) are assigned for a pre-determined driver impairment test method (e.g., Method 166, FIG. 14, etc.) to plural driver performance actions (e.g., Table 3, etc.) completed by a driver 42 while driving a vehicle 24 in a non-transitory computer readable medium 40 by an electronic circuit 36 with one or more processors 38 on the vehicle 24.

In one embodiment, the electronic circuit 36 is included within an On Board Diagnostic version two (OBD-2) device 12 plugged into an OBD port 22 on the vehicle 24. In one embodiment, the vehicle 24 further includes a Controller Area Network (CAN) bus connected to a vehicle network in the vehicle 24.

In another embodiment, an application 53 in the non-transitory computer readable medium 40 on the vehicle accessible by the electronic circuit 36, the vehicle 24 including one or more processors 38 and a vehicle network in the vehicle 24 for creating, storing and updating the unique driver profile 28/30 with current unique behavior patterns for the driver 42 of the vehicle 24 via the application.

At Step 158 a unique driver profile 28/30 is automatically created in a non-transitory computer readable medium 40 on the electronic circuit 36 on the vehicle 24 for the driver 42 of the vehicle 24 collected from plural electronic signals from a plural individual components 32 in a passenger compartment 49 of the vehicle 24 configured and used by the driver 42 of the vehicle 24.

In one embodiment, the plural individual components 32 include, but are not limited to, plural sensors, motors, light bulbs, switches, electronic control units, bus interfaces and network interfaces of the vehicle 24. The plural sensors, include, but are not limited to, electrical, temperature, smoke, chemical and biometric sensors. However, the present invention is not limited to the individual components and sensors described and more, fewer and/or other components and sensors can be used to practice the invention.

In one embodiment, the unique driver profile includes, but is not limited to, driving characteristics comprising: acceleration curves, de-acceleration curves, braking, driving speeds, fuel consumption, rpm data, driving routes including Global Positioning System (GPS) time and location data, days of the week of driving activities and time of (lay of driving activities behavior patterns. However, the present invention is not limited to the driving characteristic s described and more, fewer and/or other driving characteristics can be used to practice the invention.

At Step 160, plural event signals are received in real-time on the electronic circuit 36 in the vehicle 42 resulting from the driver 24 operating the vehicle 42 and completing one or more of the plural driver performance actions (Table 3, etc.).

At Step 162, an impairment test for the impairment test method (e.g., Method 166, FIG. 14, etc.) is conducted continuously in real-time with the assigned plural numeric probability impairment values (e.g., Table 4, etc.) over a pre-determined time interval (e.g., one minute, etc.) to compare a frequency of the received plural event signals for the one or more of the plural driver performance actions (Table 3, etc.) completed by the driver 24 to those previously stored in the unique driver profile 28/30 for the driver 24 to determine with a pre-defined probability (e.g., greater than 90%, etc.) whether the driver 42 operating the vehicle 42 may be impaired based on the unique behavior patterns for the driver 24 of the vehicle 42 stored in the unique driver profile 28/30.

For example, item 4 in Table 4, has a 42% probability of impairment (POI). Item 2 has a 50% probability of impairment item 12 has a 61% probability of impairment If items 4, 2 and 12 are observed to be repeated twice in three one minute intervals the combined time and frequency indicates a 84% probability of impairment. If these same indicators are observed from the driver 24 in the vehicle four times in a three minute time period the POI increases to 96%. However if the same activity occurs over a five minute time period instead of the three minute time period the POI drops to 74%.

By definition, any impairment indicator from Table 4 occurring once during the pre-determined time interval implies a given probability P of impairment (POI). As a result, impaired indicator one (e.g., Table 4, item 1, etc.) occurring once in the pre-determined time interval implies a 41% POI. Impaired indicator two (e.g., Table 4, item 8, etc.) occurring once in the pre-determined time interval implies a 48% POI. Impaired indicator three (e.g., Table 4, item 10, etc.) occurring once in the pre-determined time interval implies a 52% POI.

Multiple occurrences of an impairment indicator are mutually independent, and each reduces the probability of non-impairment by the factor (1−P). As a result, Indicator 1 happening four times implies (1−(1−0.41)̂4≈87.9% POI). Indicator 2 happening four times implies (1−(1−0.48)̂4≈92.7% POI). Indicator 3 happening four times implies (1−(1−0.52)̂4≈94.7% POI). Note the symbol “̂” means “raised to the power of” and the symbol “≈” means “approximately.”

If occurrences of the different impairments indicators are mutually independent, each reduces the probability of non-impairment by the factor (1−P_(k)) where k=1, 2, 3, etc. Therefore, impairment indicators 1, 2 and 3 each happening once implies (1−(1−0.41)*(1−0.48)*(1−0.52)≈85.3% POI), where the symbol “*” means “multiplied by.”

In the conditions in the previous two paragraphs are true, indicators 1, 2 and 3 each happening four times implies (1−(1−0.41)̂4*(1−0.48)̂4*(1−0.52)̂4≈99.95% POI).

If a vector N is considered {N∝{N_(k)} (e.g. where k is element of [1,18]) items 1-18, Table 4)) describing a number of times each indicator occurs in the pre-determined period (e.g. one minute, etc.). Vector N is determined impairment measurement. Tables 3 and 4 include 18 elements. However, the present invention is not limited to 18 impairment elements and more, fewer or other impairment elements can be used to practice the invention. Thus, the value of k could be a number other than 18.

In one embodiment, Bayes' Theorem is used in part to determine any possible impairment of a driver 42. “Bayes' Theorem” is a statistical formula that describes how to update probabilities of hypotheses when given a set of evidence. It follows simply from axioms of conditional probability, but is used to powerfully reason about a wide range of problems involving belief updates.

Bayes' Theorem relates various probabilities as illustrated in Equation (1):

P(S|N)·P(N)=P(NΛS)=P(N|S)·P(S)  (1)

“Here, P(S|N) (a quantity of interest) includes a probability P of sobriety S (i.e., non-impairment) given a measurement N, P(N) includes an a priori probability of measuring N, P(NΛS) includes the joint probability of sobriety S and measuring N, P (N|S) includes a probability of measuring N given sobriety S, and P(S) is an a priori probability of sobriety S.

To simplify the mathematics and statistics described herein, throughout this document, a “sober” driver 42 is a driver who has not used any alcohol or drugs, is not distracted (e.g., by mobile phone use, texting, eating, changing stations on a radio, audio device, etc.) and is not drowsy (and/or sleepy). The sobriety of a driver 42 includes references to these factors as well. However, the present invention is not limited to such an embodiment, and more, fewer and/or other factors can be used to define a sober driver and/or the sobriety of a driver 42.

Substituting, Equation (2) into Equation (1):

P(N)=P(N|S)·P(S)+P(N|I)·P(I)  (2)

wherein P(N|I) includes a probability of measuring N given impairment and P(I)=1−P(S) includes an a priori probability of impairment gives Equation (3):

$\begin{matrix} {{P\left( {SN} \right)} = \frac{{P\left( {NS} \right)} \cdot {P(S)}}{{\left\lbrack {{P\left( {NS} \right)} - {P\left( {NI} \right)}} \right\rbrack \cdot {P(S)}} + {P\left( {NI} \right)}}} & (3) \end{matrix}$

Evaluating P(S|N) requires: (1) empirical or semi-empirical knowledge of actual driver impairment actions, which have been determined experimentally and provides at least a good guess, of P(N|S) and P(N|I) conditional distributions; and (2) an estimate of P(S), “a priori” sobriety item which depends upon venue (e.g., time, place, context, etc.) to which sobriety/impairment is applied for a driver 42. Furthermore, to decide sobriety versus impairment based upon P(S|N) includes determining: (3) false-decision penalties associated with Falsely-deemed Sober (FS) and Falsely-deemed Impaired (FI) that are balanced against the true-decision reward of Truly-deemed Impaired (TI) and the true-decision penalty of Truly-deemed Sober (TS). The TS penalty is simply the cost of running the test once, including amortized capital equipment cost.

Equation (3) includes determining at least: (1) conditional distributions of driver impairment actions; (2) An “a priori” sobriety probability; and (3) Balancing impaired and sober penalties and rewards to accurately determine if a driver is actually impaired in real-time. In FIG. 14 and Equation (4) The R's also include rewards wherein rewards and penalties are additive inverses.

FIG. 14 is a flow diagram illustrating a Method 166 for determining if a driver may be impaired. At Step 168, a pre-determined time interval for the impairment test is selected. At Step 170, measuring automatically probability histograms P (N_(k)|S) and P (N_(k)|I) for k, wherein k is a member of the set [1, n], wherein N includes a vector of desired driver impairment measurements for the impairment test, P (N_(k)|S) includes a probability of measuring N for the driver's sobriety S, P (N_(k)|I) includes a probability of measuring N for the driver's impairment I, and n is a number of plural driver performance actions that provide an indication of possible impairment of the driver of the vehicle and used for determining plural numeric probability impairment values. At Step 172, a priori probability P(S) is estimated automatically for desired venues of interest including times, places and contexts the driver is driving the vehicle, wherein P(S) is the a priori probability of the sobriety S for the driver of the vehicle. At Step 174, a penalty factor P_(thr) is analyzing automatically for results falsely identifying a sober driver as impaired or an impaired driver as sober by calculating (with Equation (4)):

$\begin{matrix} {{P_{thr} = \frac{R_{TI} - R_{FS}}{R_{TS} - R_{FI} + R_{TI} - R_{FS}}},} & (4) \end{matrix}$

wherein R_(TI) is a penalty result for true impairment of the driver, R_(FS) is a penalty result for false sobriety for the driver, R_(TS) is a penalty result for true sobriety of the driver, and R_(FI) is a penalty result for false impairment of the driver. At Step 176, deploying automatically the impairment measure vector N with the determined a priori probability P(S) and the determined penalty factor P_(thr) to decide sobriety versus impairment in real-time for the impairment test for the driver of the vehicle.

In one embodiment, Method 154 is executed by application 53 on electronic circuit 36 and/or on application 53′ on external network devices 34, 34′, 34″, 56, 58, 63 66-72 with the required information for the impairment test method sent to the electronic circuit 36 on the vehicle 24. However, the present invention is not limited to this embodiment and other embodiments may be used to practice the invention.

Method 154 is illustrated with an exemplary embodiment. However, the present invention is not limited to such an exemplary embodiment, and other embodiments can be used to practice the invention.

In such an exemplary embodiment, at Step 168, a pre-determined time interval (e.g., 1 minute, 3 minutes, etc.) for the impairment test is selected.

At Step 170, measuring automatically probability histograms P (N_(k)|S) and P (N_(k)|I) for k, wherein k is a member of the set [1, n], wherein N includes a vector of desired driver impairment measurements for the impairment test, P (N_(k)|S) includes a probability of measuring N for the driver's 42 sobriety S, P (N_(k)|I) includes a probability of measuring N for the driver's 42 impairment I, and n is a number of plural driver 42 performance actions (Tables 3, 4, etc.) that provide an indication of possible impairment of the driver 42 of the vehicle 24 and used for determining plural numeric probability impairment values. In one embodiment at Step 170, conditional distributions are used. However, the present invention is not limited to this embodiment and other embodiments may be used to practice the invention.

Conditional distributions: Full empirical knowledge of P(N|S) and P(N|I) is difficult, because it entails compiling a frequency of incidence of each possible vector N, which is an immense domain of impaired driver actions. However, a “semi-empirical hierarchy” has been determined experimentally from actual driver actions when the driver is both sober and impaired and is valid for simplifying the calculations.

In one embodiment, since the impairment indicators are mutually independent, joint probability factors are included into a product of individual indicator probabilities as is indicated in Equations (5a) and (5b)

P(N|S)=Product of k=1 to 18 for P(N _(k) |S) and  (5a)

P(N|I)=Product of k=1 to 18 for P(N _(k) |I).  (5b)

In another embodiment, Step 170 is replaced with an alternative embodiment. However, the present invention is not limited to this embodiment and can be practiced without replacing Step 170.

Instead of using Equations (4a) and (4b) a mean number of occurrences of u_(k,S) and u_(k,I) are accurately and directly measured for each indicator for each state, sober and impaired, and a Poissonian distribution is used. A “Poissonian distribution” is a discrete probability distribution that expresses a probability of a given number of events occurring in a fixed interval of time or space if the events occur with a known average constant rate and independently of the time since the last event.

A Poisson distribution is a statistical experiment that has the following properties: (1) The experiment results in outcomes that can be classified as successes or failures; (2) The average number of successes (u) that occurs in a specified region is known; (3) The probability that a success will occur is proportional to the size of the region; and (4) The probability that a success will occur in an extremely small region is virtually zero.

In one embodiment, occurrences of a given sober and/or impaired indicator are mutually independent, so each indicator's probability distribution is Poissonian as is illustrated in Equation (6a) and (6b)

$\begin{matrix} {{{P\left( {N_{k}S} \right)} = \frac{\underset{k,S}{u^{N}K}e^{- u^{k,S}}}{N_{k}!}},{and}} & \left( {6a} \right) \\ {{P\left( {N_{k}I} \right)} = {\frac{\underset{k,I}{u^{N}K}e^{- u^{k,I}}}{N_{k}!}.}} & \left( {6b} \right) \end{matrix}$

Wherein the “u” factors

$\underset{k,S}{u^{N}K}\mspace{20mu} {and}\mspace{20mu} \underset{k,I}{u^{N}K}$

in Equations (6a) and (6b) are a mean (i.e., average, etc.) number of successes in a region for sobriety or impairment, “e” is a constant equal to approximately 2.71828 . . . (e is the base of the natural logarithm system) and the exclamation mark (!) designates a mathematical factorial operation.

In Equations (6a) and (6b), a mean (i.e., an average or central value of a discrete set of numbers: specifically, a sum of values divided by a number of values, etc.) number of occurrences of an impairment indicator within an observation period fully characterizes the indicator's probability distribution, for a particular subject state (i.e. sober S (not impaired, not distracted, not drowsy, etc.) or impaired I).

However, the present invention is not limited to a using a Poissonian distribution and other statistical techniques can be used to practice the invention.

At Step 172, a priori probability P(S) is estimated automatically for desired venues of interest including times, places and contexts the driver 42 is driving the vehicle 42. P(S) is the a priori probability of the sobriety S for the driver 42 of the vehicle 24.

A Priori Sobriety Probability P(S):

This part of the statistical method requires judgment and experience. An “a priori” item includes an item presupposed by experience and/or relating to and/or derived by reasoning from self-evident propositions. An a priori probability of a given subject being sober P(S) depends on a venue (i.e., a place, time and context, etc.) to which sobriety/impairment is applied for a driver 42. For example, a venue for a driver 42 who drives to church regularly each Sunday morning and does not use drugs and/or alcohol because it is against religious beliefs. In such an example, a P(S) may be 0.999 for a Sunday churchgoer who does not drink or use drugs. However a P(S) may only 0.75 for a workman working in the same church building and only does not drink or use drugs during the work period as a matter of respect for the religious beliefs of the church but may use alcohol and/or drugs after work and/or at work sites not including a church building. In stark contrast, P(S) may be 0.2 for a tavern patron who is consuming alcohol, but 0.8 for a bartender, who may not drink during work shifts at a bar because the bar owner does not allow bartenders to drink while working, etc.

At Step 174, a penalty factor P_(thr) is analyzing automatically for results falsely identifying a sober driver as impaired or an impaired driver as sober by calculating with Equation (4), wherein R_(TI) is a penalty result for true impairment of the driver, R_(FS) is a penalty result for false sobriety for the driver, R_(TS) is a penalty result for true sobriety of the driver, and RF is a penalty result for false impairment of the driver.

Balancing Impaired and Sober Penalties and Rewards:

Finally, even if a probability of sobriety appears less than 0.5, one may not necessarily want to designate a driver 42 as impaired, because the cost of an FI (falsely deeming impairment when in fact the subject is sober) may be prohibitively high. Instead, a best case approach is to choose a larger of expected rewards as is illustrated in Equation (7):

R _(S) =R _(FS) P(I|N)+R _(TS) P(S|N),R _(I) =R _(FI) P(S|N)+R _(TI) P(I|N)  (7)

where a penalty is viewed simply as a negative reward, and P(I|N)=1−P(S|N). This includes finding P_(thr) that causes R_(S)=R_(I), as is illustrated in Equation (4) repeated here:

$\begin{matrix} {{P_{thr} = \frac{R_{TI} - R_{FS}}{R_{TS} - R_{FI} + R_{TI} - R_{FS}}},} & (4) \end{matrix}$

wherein R_(TI) is a result for true impairment, R_(FS) is a result for false sobriety, R_(TS) is a result for true sobriety, and R_(FI) is a result for false impairment.

In an exemplary embodiment, for example, a cost factor in dollars ($) is used for Equations (4) and (7). However, the present invention is not limited to, such a cost factor and other cost factors with other units besides dollars may be used to practice the invention.

In such an exemplary embodiment, suppose R_(FS)=minus$101 (e.g., a $100 penalty for not detecting an impaired subject, plus cost of one test, etc.), R_(TS)=minus$1 (e.g., cost of one test), R_(FI)=minus$201 (e.g., a $200 penalty for wrongly accusing a sober subject, plus cost of one test) and R_(TI)=plus$499 ($500 reward for correctly detecting an impaired subject, minus cost of one test). Then P_(thr)=3/4 and an expected reward is R=R_(I)=minus$26. As is typical of binary decisions, near threshold (P(S|N)≈P_(thr)) there is maximum uncertainty regardless of a decision and an expected reward may be negative, but away from the threshold the decision is more clear-cut, and rewards become positive. The overall expected reward (i.e., a sum over all possibilities of each reward weighted by its probability, etc.) must be positive for the impaired sensor to be worth implementing.

At Step 176, the impairment measure vector N is deploying automatically with the determined a priori probability P(S) and the determined penalty factor P_(thr) to decide sobriety versus impairment in real-time for the impairment test for the driver 42 of the vehicle 24.

Various statistical methods were described herein to determine is a driver 42 of vehicle 24 may be impaired. However, the present invention is not limited to the statistical methods described and other methods can be used to practice the invention to determine if a driver 42 of a vehicle may be impaired.

Returning to FIG. 13 at Step 162, if it is determined that the driver 42 operating the vehicle 24 may be impaired, at Step 164, a first message is sent from the electronic circuit 36 via a wireless interface 18 on the vehicle via a wireless communications network 35 to the driver 42 of the vehicle 24 or to an external network device 34, 34′, 34″, 56, 58, 63, 66-72 with one or more processors indicating the driver 42 operating the vehicle 24 may be impaired.

In one embodiment, the first message is sent to the driver 42 of the vehicle via an internal audio and/or audiovisual signal in the passenger compartment 49 of the vehicle 24. In another embodiment, the first message is sent to an external network device 34, 34′, 34″, 66-72 in the passenger compartment 49 of the vehicle 24 that is accessible to the driver 42 to indicate the driver 42 may impaired. In another embodiment a wireless voice communication is sent to the driver 42 from law enforcement external network device 63 to alert the driver 42 to their dangerous driving and encourage the driver 42 to take immediate action to insure their and others safety on the roadway. In such an embodiment, the first message includes a text, voice, direct, audio and/or audiovisual message.

In one embodiment, the external network device 34, 34′, 34″, 63, 66-72 includes a law enforcement external network device 63. In such an embodiment, when the law enforcement external network device 63 receives the first message it may send a lock-out and/or disable vehicle signal to the vehicle 24 via the wireless network 35 to prevent the driver 42 from driving while impaired. In such an embodiment, the driver 42 of the vehicle 24 may have been previously arrested for driving while impaired. Records of impaired drivers may be kept the law enforcement external network device 63 in a database 63′ to initiate additional legal actions against the driver 42. Other interested parties can view real time and historical records of driving performance when determining driving sanctions or restrictions.

In one embodiment, the driver, courts, law enforcement 42 b or interested/supervising parties (e.g., loan holders, etc.) of the vehicle 24 uses a graphical network interface such as a web-page 67 via the communications network 35 to view impaired driver 42 information

In one embodiment, law enforcement external network device 63 copies information from the first message into a Blockchain.

In one embodiment a second message is sent from the electronic circuit 36 via the wireless interface 18 on the vehicle 24 via the wireless communications network 35 to the external network device 34, 34′, 34″, 63, 66-72 including the event signals comprising the current lack of awareness behavior patterns, unintentional behavior patterns, uncontrollable behavior patterns and involuntary behavior patterns currently exhibited by the driver 42 while operating the vehicle that are different from the unique behavior patterns stored in the unique driver profile 28/30 and indicate different behaviors that indicate the driver 42 is impaired while operating the vehicle 24.

In one embodiment, law enforcement external network device 63 copies information from the second message into a Blockchain.

In one embodiment, the second message is sent from the law enforcement external network device 63 to an electronic monitoring bracelet attaching the driver's 42 person indicating the driver 42 is impaired, must stop operating the vehicle 24 and must report in to law enforcement and/or department of corrections. In such an embodiment, the send message may also be sent to a department of corrections network device to indicate the driver 42 is impaired and may be in violations of the driver's 42 probation terms which may include not using drugs and/or alcohol.

A method and system is described herein for impaired driving detection, monitoring and accident prevention with driving habits. An impairment test method is provided with an impairment test determining in real-time whether a driver of vehicle is impaired (e.g., has used drugs, alcohol, is distracted or is drowsy, etc.). The impairment test determines plural assigned probability impairment values over a pre-determined time interval to compare a frequency of received plural event signals from a passenger compartment of the vehicle for one or more of the plural driver performance actions completed by a driver of a vehicle to those previously stored in a unique driver profile for the driver to determine with a statistical probability whether the driver operating the vehicle may be impaired based on the unique behavior patterns for the driver of the vehicle stored in the unique driver profile. The unique driver profile includes unique behavior patterns of the driver comprising “habit evidence” to determine if a driver may be impaired.

It should be understood that the architecture, programs, processes, methods and systems described herein are not related or limited to any particular type of computer or network system (hardware or software), unless indicated otherwise.

In view of the wide variety of embodiments to which the principles of the present invention can be applied, it should be understood that the illustrated embodiments are exemplary only, and should not be taken as limiting the scope of the present invention. For example, the steps of the flow diagrams may be taken in sequences other than those described, and more or fewer elements may be used in the block diagrams.

While various elements of the preferred embodiments have been described as being implemented in software, in other embodiments hardware or firmware implementations may alternatively be used, and vice-versa.

The claims should not be read as limited to the described order or elements unless stated to that effect. In addition, use of the term “means” in any claim is intended to invoke 35 U.S.C. § 112, paragraph 6, and any claim without the word “means” is not so intended. Therefore, all embodiments that come within the scope and spirit of the following claims and equivalents thereto are claimed as the invention. 

We claim:
 1. A method for automatically determining an impaired driver based on driving habits, comprising: assigning a plurality of numeric probability impairment values for a pre-determined driver impairment test method to a plurality of driver performance actions completed by a driver while driving a vehicle in a non-transitory computer readable medium on an electronic circuit with one or more processors on the vehicle; creating automatically a unique driver profile in the non-transitory computer readable medium on the electronic circuit in the vehicle for the driver of the vehicle collected from a plurality of electronic signals from a plurality of individual components in a passenger compartment of the vehicle configured and used by the driver of the vehicle; receiving continuously in real-time a plurality of event signals on the electronic circuit in the vehicle resulting from the driver operating the vehicle and completing one or more of the plurality driver performance actions; and conducting continuously in real-time an impairment test for the impairment test method with the assigned plurality of numeric probability impairment values over a pre-determined time interval to compare a frequency of the received plurality of event signals for the one or more of the plurality of driver performance actions completed by the driver to those previously stored in the unique driver profile for the driver to determine with a statistical probability whether the driver operating the vehicle may be impaired based on the unique behavior patterns for the driver of the vehicle stored in the unique driver profile, and if the driver operating the vehicle may be impaired, sending a first message from the electronic circuit via a wireless interface on the vehicle via a wireless communications network to the driver of the vehicle or to an external network device with one or more processors indicating the driver operating the vehicle may be impaired.
 2. The method of claim 1 wherein the pre-determined impairment test method comprises: selecting the pre-determined time interval for the impairment test; measuring automatically probability histograms P (N_(k)|S) and P (N_(k)|I) for k, wherein k is a member of the set [1, n], wherein N includes a vector of desired driver impairment measurements for the impairment test, P (N_(k)|S) includes a probability of measuring N for the driver's sobriety S, P (N_(k)|I) includes a probability of measuring N for the driver's impairment I, and n is a number of the plurality of driver performance actions that provide an indication of possible impairment of the driver of the vehicle and used for determining the plurality of numeric probability impairment values; estimating automatically a priori probability P(S) for desired venues of interest including times, places and contexts the driver is driving the vehicle, wherein P(S) is the a priori probability of the sobriety S for the driver of the vehicle; analyzing automatically a penalty factor P_(thr) for results falsely identifying a sober driver as impaired or an impaired driver as sober by calculating: ${P_{thr} = \frac{R_{TI} - R_{FS}}{R_{TS} - R_{FI} + R_{TI} - R_{FS}}},$ wherein R_(TI) is a penalty result for true impairment of the driver, R_(FS) is a penalty result for false sobriety for the driver, R_(TS) is a penalty result for true sobriety of the driver, and R_(FI) is a penalty result for false impairment of the driver; and deploying automatically the impairment measure vector N with the determined a priori probability P(S) and the determined penalty factor P_(thr) to decide sobriety versus impairment in real-time for the impairment test for the driver of the vehicle.
 3. The method of claim 2 wherein the step of measuring automatically probability histograms is replaced with: measuring directly a mean number occurrences for u_(k,S) and u_(k,I), wherein u_(k,S) is a set of driver performance actions indicating a sober, non-impaired driver S, u_(k,I) is a set of driver performance actions indicating an impaired driver I, wherein k is a member of the set [1, n] and n is a number of the plurality of driver performance actions that provide an indication of possible impairment; and calculating with Poissonian statistics a plurality of probabilities ${{P\left( {N_{k}S} \right)} = \frac{\underset{k,S}{u^{N}K}e^{- u^{k,S}}}{N_{k}!}},{and}$ ${P\left( {N_{k}I} \right)} = \frac{\underset{k,I}{u^{N}K}e^{- u^{k,I}}}{N_{k}!}$ for a set of a plurality of numeric probability sobriety S and impaired I values, wherein N includes the impairment measures vector.
 4. The method of claim 1 wherein the statistical test includes only using the driver performance actions including only abrupt steering corrections, jerky abrupt turns and continuously depressing and releasing the brake pedal to accurately determine in real-time if the driver of the vehicle is impaired.
 5. The method of claim 1 wherein the impaired driver includes the driver under the influence of drugs or alcohol, a drowsy driver or a distracted driver.
 6. The method of claim 1 wherein the plurality of driver performance actions include: weaving side to side in a regular or irregular pattern, abrupt steering corrections, abrupt braking, continuously depressing a brake pedal, braking repeatedly, lane drifting with abrupt corrections, varying driving speeds, abrupt accelerations or decelerations, irregular accelerations or decelerations, jerky steering, jerky braking jerky, abrupt turns, turn signal inconsistent with driver actions, driving without headlights, not using turn signals, not releasing turn signals after turning, air conditioning or heating not consistent with ambient temperatures, acceleration and deceleration curves that deviate substantially from the known driver profile and overall driving actions not consistent with driver actions stored in the unique driver profile.
 7. The method of claim 1 where the plurality of driver performance actions including a plurality of impairment performance actions that are mutually independent from each other.
 8. The method of claim 1 wherein the external network device includes a smartphone, an electronic tablet, a wearable network device or a service network device, each with one or more processors.
 9. The method of claim 1 wherein the external network device includes a law enforcement network device.
 10. The method of claim 1 wherein the plurality of individual components of the vehicle include a plurality of sensors, motors, light bulbs, switches, electronic control units, bus interfaces and network interfaces of the vehicle.
 11. The method of claim 4 wherein the plurality of sensors include electrical, altimeter, GPS, temperature, smoke, chemical and biometric sensors.
 12. The method of claim 1 wherein the physical positions of selected ones of the plurality of individual components of the vehicle in the passenger compartment of the vehicle comprise: physical positions of seats, mirrors, steering wheel, heating, cooling, radio, and physical position information from sensors, motors, light bulbs, switches, electronic control units, bus interfaces or network interfaces from the passenger compartment of the vehicle.
 13. The method of claim 1 wherein the vehicle further includes a Controller Area Network (CAN) bus connected to a vehicle network in the vehicle.
 14. The method of claim 1 wherein the wireless interface on the vehicle comprises: a Packet Cellular Network (PCN), Global System for Mobile Communications, (GSM), Generic Packet Radio Services (GPRS), Personal Communications Services (PCS), Cellular Digital Packet Data (CDPD), IEEE 802.11a, 802.11b, 802.11g, 802.11n, 802.15.4 (ZigBee), Wireless Fidelity (Wi-Fi), Worldwide Interoperability for Microwave Access (WiMAX), ETSI High Performance Radio Metropolitan Area Network (HIPERMAN), RF Home, Bluetooth, Infrared (IR), Industrial, Scientific and Medical (ISM), Radio Frequency Identifier (RFID), near field communications (NFC), machine-to-machine (M2M), electronic mail, or short message service (SMS), wireless interface.
 15. The method of claim 1 wherein the received plurality of event signals on the electronic circuit include event signals for current lack of awareness behavior patterns, unintentional behavior patterns, uncontrollable behavior patterns and involuntary behavior currently exhibited by the driver while operating the vehicle and different from previous unique behavior patterns of the driver stored in the unique driver profile, thereby indicating the driver operating the vehicle may be impaired.
 16. The method of claim 1 further comprising: sending a second message from the electronic circuit via the wireless interface on the vehicle via the wireless communications network to the external network device including the event signals comprising the current lack of awareness behavior patterns, unintentional behavior patterns, uncontrollable behavior patterns and involuntary behavior patterns currently exhibited by the driver while operating the vehicle that are different from the unique behavior patterns stored in the unique driver profile that indicate the driver is impaired while operating the vehicle.
 17. The method of claim 1 wherein the unique behavior patterns stored in the unique driver profile including driving characteristics comprising: acceleration curves, de-acceleration curves, braking, driving speeds, fuel consumption, rpm data, driving routes including Global Positioning System (GPS) Lime and location data, days of the week of driving activities and time of day of driving activities behavior patterns.
 18. The method of claim 1 wherein the electronic circuit is included within an On Board Diagnostic version two (OBD-2) device plugged into an OBD port on the vehicle.
 19. The method of claim 1 further comprising: an application in the non-transitory computer readable medium on the vehicle accessible by the electronic circuit, the vehicle including one or more processors and a vehicle network in the vehicle for creating, storing and updating the unique driver profile with current unique behavior patterns for the driver of the vehicle via the application.
 20. A system for automatically determining an impaired driver based on driving habits, comprising in combination: an external network device with one or more processors; a wireless communications network; a vehicle with an electronic circuit, a non-transitory computer readable medium and one or more processors with a plurality of instructions causing the one or more processors to execute steps: for assigning a plurality of numeric probability impairment values for a pre-determined driver impairment test method to a plurality of driver performance actions completed by a driver while driving the vehicle in the non-transitory computer readable medium on the electronic circuit with the one or more processors on the vehicle; for creating automatically a unique driver profile in the non-transitory computer readable medium on the electronic circuit in the vehicle for the driver of the vehicle collected from a plurality of electronic signals from a plurality of individual components in a passenger compartment of the vehicle configured and used by the driver of the vehicle; for receiving continuously in real-time a plurality of event signals on the electronic circuit in the vehicle resulting from the driver operating the vehicle and completing one or more of the plurality driver performance actions; for conducting continuously in real-time an impairment test for the impairment test method with the assigned plurality of numeric probability impairment values over a pre-determined time interval to compare a frequency of the received plurality of event signals for the one or more of the plurality of driver performance actions completed by the driver to those previously stored in the unique driver profile for the driver to determine with a statistical probability whether the driver operating the vehicle may be impaired based on the unique behavior patterns for the driver of the vehicle stored in the unique driver profile, and if the driver operating the vehicle may be impaired, for sending a first message from the electronic circuit via a wireless interface on the vehicle via the wireless communications network to the driver of the vehicle or to the external network device with one or more processors indicating the driver operating the vehicle may be impaired; and for sending a second message from the electronic circuit via the wireless interface on the vehicle via the wireless communications network to the external network device including the event signals comprising the current lack of awareness behavior patterns, unintentional behavior patterns, uncontrollable behavior patterns and involuntary behavior patterns currently exhibited by the driver while operating the vehicle that are different from the unique behavior patterns stored in the unique driver profile that indicate the driver is impaired while operating the vehicle. 